SCHOOL LAWS 



OF IOWA 



FROM THE CODE OF 1897, THE SUPPLEMENT TO 

THE CODE, 1913, AND THE SUPPLE- 

MENTAL SUPPLEMENT, 1915. 



WITH 



NOTES, FORMS AND DECISIONS 



FOR 



USE AND GOVERNMENT OF DIRECTORS 
AND SCHOOL OFFICERS 



EDITION OF 1915 



A. M. DKYOE 

Superintendent op Public Instruction 



DES MOINES 

ROBERT HENDERSON, STATE PRINTER 
J. M. JAMIESON, STATE BINDER 

1915 






D. of D. 
(AAY XI 1916 









TRANSMIT TO SUCCESSOR 



Each school officer, upon the termination of his term of office, shall 
immediately surrender to his successor all books, papers and money 
pertaining or belonging to the office, taking a receipt therefor. 

Code, Section 2770. 



Note : In the past, hundreds of copies of the School Laws of Iowa, 
have been lost or carelessly mislaid. As a result, it has required many 
extra copies. School officers should bear in mind that this is not per- 
sonal property and should be turned over to their successors. 



The Code of Iowa is copyrighted by the State ; and permission to 
publish the sections contained herein has been granted by the State 
Executive Council. 



Sec. 2794-a. Page 97, Line 18 shoukl read "corporations shall not 
be formed." 



PREFACE 



The School Laws of Iowa, Section 2627-e, authorizes the Superintend- 
ent of Public Instruction, if he deems necessary, to cause to be printed 
every four years all school laws in force up to that time, with such notes, 
forms, rulings and decisions as may be of value to school 'officers in the 
discharge of their dutiep. 

Each school corporation and each director is entitled to receive a copy 
for which the school officers are responsible. These copies are to be de- 
livered to successors in office and it is, therefore, urged that special 
pains be taken to preserve them. The Department of Public Instruction 
does not furnish new copies of the school laws upon application, but 
school officers entitled to them must inquire of their county superin- 
tendents. School officers have no right to complain about the increase 
of taxes if they carelessly put this copy of the school law in some obscure 
place where it cannot be found at the proper time. 

The explanatory notes printed herein have been prepared in accord- 
ance with recent legislation and the most recent rulings of the Supreme 
Court, Superintendent of Public Instruction and opinions of the Attorney 
General. Keferences in most instances have been given which will indi- 
cate the source of authority and add value to their use. Those who 
desire additional information will find the Supreme Court decisions on 
file in every court house, which may be consulted upon application to 
the Clerk of the District Court. When more definite information is 
wanted the County Superintendent and the County Attorney should be 
consulted. 

The appended decisions are those rendered by the Superintendent 
of Public Instruction. Only such decisions as involve the m'ost important 
points in law are contained in the present volume. A careful reading 
of these decisions will often times give a dearer understanding of the 
laws. 

The sections will appear in practically the same order as in the 1911 
edition and the section numbers at the beginning correspond to the 
Code, 1897, and the Supplements. The recodification of our laws since 
the printing of the 1911 edition of School Laws has made ^^ pos'sible to 
give each section its proper number. 



6 PREFACE 

This book is submitted to the school officers of Iowa with the hope 
that such matter as may appear will be read thoughtfully and the 
knowledge gained thereby will enable the directors to perform better 
their duties to the public. The Department of Public Instruction recom- 
mends that the school officers shall make an honest effort to interpret 
the laws fairly and administer them justly. If such be done, much un- 
necessary trouble may be avoided. A narrow view never produces the 
best results, 

A. M. DEYOE, 
Superintendent Public Instruction. 



SCHOOL LAWS OF IOWA 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Sec. 2627 a. Appointment by governor — term — vacancy. The gov- 
ernor shall, during the session of the thirty-sixth general assembly and 
every four years thereafter, nominate and with the consent of two-thirds 
of the members of the senate in executive session, appoint a superinten- 
dent of public instruction, whose term of office shall commence on the 
first secular day of July next following his appointment, and shall con- 
tinue for the period of four years, and until his successor is appointed 
and qualified; and the term of olfice of the superintendent of public 
instruction in office at the taking effect of this act is hereby extended 
until the appointment and qualification of such officer under this act. 
Vacancies at any time occurring in said office shall be filled by appoint- 
ment by the governor, but no person so appointed shall hold oft'ice be- 
yond the end of the session of the legislature next ensuing, unless ap- 
proved by the senate as above provided. [35 G. A., ch. 103, § 1,] 

Sec. 2627-b. Qualifications — oath. The superintendent of public 
instruction shall, at the time of his appointment, be a graduate of an ac- 
credited university or college, or of a four-year course above high school 
grade in an accredited normal school, and shall have had at least five 
years' experience as a teacher or school superintendent. He shall, before 
entering upon his duties, take and subscribe the constitutional oath of 
office, which shall be filed in the office of the secretary of state. [35 G. 
A., ch. 103, § 2.] 

Sec. 2627-c. General supervision — duties. The superintendent of 
public instruction shall have general supervision and control over the 
rural, graded and high schools of the state, and over such other state 
and public schools as are not under the control of the state board of edu- 
cation, or board of control of state institutions, and his office shall be 
known as the department of public instruction. It shall be his duty : 

1. Inspection. To ascertain, so far as practicable, by inspection or 
otherwise, the conditions, needs and progress of the schools belonging to 
his department. 

2. Recommendations. To suggest, through public addresses, pam- 
phlets, bulletins, and by meetings and conferences with school officers, 
teachers, parents, and the public generally, such changes and improve- 
ments as he may think desii-able, and may publish and distribute such 
views and information as he may deem important. 



8 SCHOOL LAWS OF' IOWA 

3. jfronujuon of interest in education. To endeavor to promote among 
the people of the state a proper interest in the general subject of educa- 
tion, including industrial and commercial education, agriculture, manual 
and vocational training, domestic science and continuation work. 

4. Classification. To classify and define the various schools belonging 
to his department, and to formulate suitable courses of study therefor, 
and to publish and distribute such classifications and courses of study. 

5. Officers' wnd teachers' reports — forms. To prescribe the reports, 
both regular and special, which shall be made by public school officers, 
superintendents and teachers, and other persons or officers having the 
custody or control of public school funds or property, and to prepare 
suitable forms therefor, and to furnish blanks for such reports as are to 
be made to him. 

6. Days for special observance. To publish and distribute from time 
to time leaflets and circulars relative to such days and occasions as he 
may deem worthy of special observance in the public schools. 

7. Appeals — opinions. To examine and determine all appeals made 
to him according to law and the rules relating thereto, and to prescribe 
rules of practice therefor not inconsistent with law. He shall also render 
written opinions upon questions submitted by school officers pertaining 
to their duties. 

Notes: 1. AH questions answered. It has been the custom for many 
years to answer all proper inquiries, from whatever source, touching the 
construction and application of the school laws. 

2. Letters not returned. As all correspondence of value must be filed 
for preservation, it is obvious that it is impossible to comply with a re- 
quest to return a letter with the reply. 

8. Reports. He shall, on the first day of January of each year, report 
to the auditor of state the number of persons of school age in each 
county. He shall report biennially to the governor the conditions of the 
schools under his supervision, including the number and kind of school 
districts, the number of schools of each kind, the number and value of 
schoolhouses, the enrollment and attendance in each county for the pre- 
vious year, any plans matured or measures proposed for the improve- 
ment of the public schools, and such financial and statistical information 
as may be of public importance; he may also include such general in- 
formation relating to educational affairs and conditions within the state 
or elsewhere, as he may deem necessary. 

9. Plans and specifications for buildings. He shall, when deemed 
necessary, cause to be prepared and published a pamphlet containing 
suitable plans and specifications for public school buildings, including 
the most approved means and methods of heating, lighting and venti- 
lating the same, together with information and suggestions for the 
proper and economical construction thereof. It is hereby made the duty 
of the state architect to render such assistance and to perform such serv- 
ices in preparing such plans and specifications as may be requested by 
the superint'^pdent of public instruction. 



SCHOOL LAWS OF IOWA 9 

10. Institutes. He shall appoint county educationni meetings or 
institutes to be held in each county once each year and not more than 
twice, and shall designate the time and place for holding them. The 
program therefor, and the instructors and lecturers therein, shall be 
subject to his approval. 

11. Examinations. He shall prepare and supply questions for the 
examination of applicants for teachers' certificates and for the examina- 
tion of pupils completing the eighth grade in the rural schools. [35 G. 
A., ch. 103, § 3.] 

Sec. 2627-d. Office — records — clerks — supplies. The superinten- 
dent of public instruction shall have an office in the capitol. He shall 
file and preserve all reports, documents and correspondence that may 
be of permanent value, which shall be open to inspection under reason- 
able conditions, by any citizen of the state. He shall keep a record of 
the business transacted by him, and shall turn over to his successor all 
records, papers, reports, documents, books and other state property 
pertaining to his office. He shall be furnished by the executive council 
with sufficient office room and clerical and stenographic help, and with 
all necessary books, blanks, stationery, printing, postage and office sup- 
plies, and with the reports of the supreme court of the state. [35 G. 
A., ch. 103, § 4.] 

Sec. 2627-e. School laws — publication. He shall every four years, 
if deemed necessary, cause to be printed in book form all school laws 
then in force, with such forms, rulings and decisions, and such notes and 
suggestions as may aid school officers in the proper discharge of their 
duties ; a sufficient number of copies shall be sent to the county super- 
intendent of each county to supply the school officers, directors, and 
superintendents therein. He may cause to be printed in pamphlet form 
after each session of the general assembly, any amendments or changes 
in the school laws with necessary notes and suggestions, which shall be 
distributed as above provided. [35 G. A., ch. 103, § 5.] 

Sec. 2627-f. Reports of funds or school property — delinquency. He 

may require from time to time reports under oath from all officers and 
persons who have any authority over, or who have any duties in con- 
nection with, public school affairs, or who have, or who have lately had. 
the custody or control of any public school funds or property. He shall 
furnish the proper blanks for such reports, and any such officer or person 
who unreasonably neglects or refuses to make a report required by the 
superintendent of public instruction shall be deemed guilty of a mis- 
demeanor. [35 G. A., ch. 103, § 6.] 

Sec. 2627-g". Deputy — chief clerk — inspectors. He may appoint a 
deputy whose appointment must be approved by the governor of the 
state. The qualifications of the deputy shall be the same as required 
by section two of this act. The deputy shall qualify in like manner as 
his principal and. in the absence or inability of the superintendent, shall 
perform the duties of the office. He shall also appoint i cb'ef clerk 



10 SCHOOL LAWS OF IOWA 

and such regular inspectors of the public schools of the state, including 
rural, graded and high schools, as he may deem necessary, not exceeding 
three. [35 G. A., ch. 103, § 7.] 

Sec. 2627-h. Salaries — expenses. From and after the taking effect 
of this act the salary of the superintendent of public instruction shall 
be four thousand dollars per annum; the salary of his deputy shall be 
twenty-five hundred dollars per annum; the salary of the regular in- 
spectors in the department of public instruction shall be two thousand 
dollars per annum each; the salary of the chief clerk shall be fifteen 
hundred dollars per annum, all such salaries to be paid monthly upon 
the warrant of the state auditor. The superintendent of public instruc- 
tion and his deputy and the regular inspectors in .his department shall 
also receive their actual necessary traveling expenses incurred in the 
performance of their official duties, to be allowed upon an itemized and 
verified account filed with and approved by the executive council and 
the state auditor who shall draw his warrant on the state treasurer for 
the amount allowed. [35 G. A., ch. 103, § 8.] 

Sec. 2627-i. Repeal. Chapter one of title thirteen of the supple- 
ment to the code, 1907, as amended, relating to the office of public 
instruction is hereby repealed and all other acts and parts of acts in- 
consistent with the provisions of this act are hereby repealed in so far 
as they may be inconsistent herewith. [35 G. A., ch. 103, § 9.] 

BOARD OF EDUCATIONAL EXAMINERS. 

Sec. 2628. Members. The educational board of examiners shall 
consist of the superintendents of public instruction, president of the 
university, principal of the normal school, and two persons to be ap- 
pointed by the governor, one of whom shall be a woman, the appointees 
to hold office for a term of four years and be ineligible as his or her 
successor, the superintendent of public instruction to be by virtue of 
his office president of the board. [19 G. A., ch. 167, § 1.] 

Sec. 2629. Meeting's — examinations. The board shall meet for the 
transactions of business at such times and places as the president may 
direct, and shall annually hold at least two public examinations of 
teachers, to be conducted by a member or the secretary of the board or 
by such qualified person or persons as the board may select. All ex- 
aminations shall be conducted in accordance with rules and regulations 
adopted by the board, not inconsistent with the laws of the state, and a 
record shall be kept of all of its proceedings. It may issue state certifi- 
cates and state diplomas to such teachers as are found upon examination 
to possess a good moral character, thorough scholarship and knowledge 
of didactics, with successful experience in teaching, or with such other 
training and qualifications as the board may require. The examination 
for certificates and diplomas shall cover orthooTaphy, reading, writing, 
arithmetic, geography, English grammar, bookkeeping, physiology, his- 
tory of the United States, algebra, botany, natural philosophy, drawing, 
civil government, constitution and laws of the state, and didactics ; those 



SCHOOL LAWS OF IOWA 11 

for diplomas, in addition to the foregoing, geometry, trigonometry, 
chemistry, zoology, geology, astronomy, political economy, rhetoric, 
English literature, general history, and such other studies as the board 
may require. [32 G. A., ch. 6, § 2; 29 G. A., ch. 114, § 1 ; 28 G. A., ch. 
95, § 1; 19 G. A., ch. 167, §§ 2-4.] 

Sec. 2630-b. Special certificates. The educational board of exam- 
iners may issue a special certificate to any teacher of music, drawing, 
penmanship, or other special branches, or to any primary teacher, of 
sufficient experience, who shall pass such examination as the board may 
require in the branches, and methods pertaining thereto, for which the 
certificate is sought. Such certificates shall be designated by the name 
of the branch and shall not be valid for any other department or branch. 
The board shall keep a complete register of all persons to whom certifi- 
cates or diplomas are issued. [28 G. A., ch. 96, § 2; 23 G. A., ch. 22.] 

Notes: 1. Kinds. Under authority of this section, the board of exam- 
iners may issue special state certificates for any subject or group of suib- 
jects taught or maintained in the public schools. 

2. For whom. The special state certificate is intended for teachers of 
special branches, as a recognition of professional skill, expert scholarship, 
and successful experience in teaching a particular subject. 

3. Scholarship. While the candidate must possess complete and techni- 
cal knowledge of the special branch for the teaching of which a certificate 
is desired, some general education and culture will be required, as a cer- 
tificate cannot be granted on account of proficiency in one subject only. 

4. Subjects. The holder of a special certificate will be authorized to 
teach the branch specified, in any public school in the state for a period of 
five years. Section 2 631. A special primary certificate authorizes the 
holder to teach in primary departments. Primary departments are held to 
include work in first, second and third grades. 

5. Special county certificates. See section 2734-e. 

Sec. 2630-c. Validation authorized. The state educational board of 
examiners is hereby empowered to validate certificates issued by state 
departments of education in other states, where such certificates were 
issued upon evidence of scholarship and experience equivalent to that 
required for like certificates under the .laws of this state. Such vali- 
dated certificate shall authorize the holder to teach in any public school 
in the state for five years after date of such validation. [34 G. A., ch. 
130, § 1 ; 32 G. A., cii. 149.] 

Note: Certificates on college graduation. Sections 2 63 4-f to 2 634-h. 

Sec. 2631. How long valid — revocation — fees. A state certificate 
shall authorize the holder to teach in any public school in the state 
for five years thereafter, and a diploma shall confer such authority for 
life ; but any certificate or diploma may be revoked by the board for 
sufficient cause, or such cause as would, if known at the time, have pre- 
vented issuance thereof, provided the holder of such certificate or 
diploma shall have due notice, and shall be allowed to be present and 
make his defense. For each certificate issued the applicant shall pay 
two dollars, and for each diploma five dollars, which may be required 
before the examination is commenced. All moneys obtained from this 
source shall be paid into the state treasury. [32 G. A., ch. 6, § 3; 19 
G. A., ch. 167, §§ 5, 6.] 



12 SCHOOL LAWS OP IOWA 

Notes: 1. Subjects for which valid. Holders of any valid license, not a 
special certificate, may teach, any subject prescribed in the curriculum, 
whether the holder was examined in such subject. Attorney-general, report 
1906, page 42. (For validity of special state certificates, see section 2630- 
b.) 

2. No exemption. The fact that a teacher holds a state certificate, or a 
«tate diploma, does not in any way exempt him from the same obligations 
imposed by the law upon other teachers. It is the duty of all teachers to 
attend the county normal institute and to support the county superintend- 
ent in all measures calculated to improve the schools and to advance the 
interests of education in the county. 

3. Kegistration of certificates. All certificates and diplomas must be 
registered in each county in which the holder desires to teach. Section 
2734-q. 

Sec. 2633. Account of moneys. The board shall keep an accurate 
and detailed account of all moneys received and expended, which, with 
a list of those receiving certificates or diplomas, shall be published by 
the superintendent of public instruction in his annual report. [19 G. 
A., ch. 167, § 9.] 

Sec. 2634-a. Compensation — secretary — employes — salaries. "Each 
member of the board shall receive for the time actually em- 
ployed in such service, his actual necessary expenses, and those not 
salaried officers or employes of the state or any institution thereof shall 
be paid in addition, three dollars per day. The board shall have power 
to employ a secretary and prescribe his duties. He shall receive a salary 
not exceeding one hundred and twenty-five dollars per month and actual 
necessary expenses while engaged in the performance of his duties at 
places other than the capitol. The board shall have power to employ 
such persons as are necessary to assist in examinations and in reading 
answer papers and for clerical work and other necessary assistance. 
Persons so employed shall receive not to exceed fifty cents per hour for 
the time actually employed and actual traveling expenses to and from 
the place where their services are required. All expenditures authorized 
to be made under the provisions of chapter two of title thirteen of the 
code and of the supplement to the code [1902] and amendments thereto 
and under the provisions of chapter one hundred twenty-two, acts of 
the thirty-first general assembly, and under the provisions of this act 
shall be certified by the chairman of the educational board of examiners 
to the executive council for payment. If found correct the executive 
council shall cause same to be paid from any funds paid into the state 
treasury under the provisions of section twenty-six hundred thirty-one 
of the code and chapter one hundred twenty-two, acts of the thirty-first 
general assembly, and amendments thereto." [36 G. A., S. F. 339, § 1; 
32 G. A., ch. 6, § 4; 27 G. A., ch. 73, § 1 ; 25 G. A., ch. 36; 19 G. A., ch. 
167, § 8.] 

Sec. 2634-al. Printing. This act shall be construed as giving legal 
authority to the educational board of examiners to obtain all the neces- 
sary printing for the performance of their duties, as required by law, 
in the same manner as the printing is provided for state officers. [32 
G. A., ch. 6, § 5.] 



SCHOOL LAWS OP IOWA 13 

NORMAL TRAINING IN HIGH SCHOOLS. 

Sec. 2634-bl. Training of teachers for rural schools— normal courses 
in certain high schools. That section two of chapter one hundred 
thirty-one of the acts of the thirty-fourth general assembly be and the 
same is hereby repealed and the following enacted in lieu thereof : 

For the purpose of increasing the facilities for training teachers for 
the rural schools, by requiring a review of such common branches as may 
be deemed essential by the superintendent of public instruction and for 
instruction in elementary pedagogy and the art of teaching elementary 
agriculture and home economics, provision is hereby made for normal 
courses of study and training in such four-year high schools as the 
superintendent of public instruction may designate ; provided that such 
high schools shall be selected and distributed with regard to their use- 
fulness in supplying trained teachers for the rural schools of all por- 
tions of the state, and with regard to the number of teachers required 
for rural schools in each portion of the state. It is further provided 
that where a township high school or a consolidated school organized 
in accordance with the provisions of chapter one hundred forty-three 
of the acts of the thirty-fourth general assembly can meet the require- 
ments of the superintendent of public instruction, it shall be given 
preference over a city high school. [35 G. A., ch. 242, § 1 ; 34 G. A., ch. 
131, § 2.] 

Notes: 1. Private and denominational schools are eligible to qualify 
under this law but may not receive financial aid. 

2. Private and denominational schools, in order to be eligible to the 
provisions of this act, must maintain a course that is equivalent to that 
maintained in a four-year high school. 

3. A class of ten enrolled in the normal course may be composed in 
part from those enrolled in the eleventh grade, and in part from those en- 
rolled in the twelfth grade. 

Sec. 2634-b2. Private and denominational schools. Private and de- 
nominational schools are eligible to the provisions of this act, except as to 
receiving state aid. [34 G. A., ch. 131, § 3.] 

Sec. 2634-b3. State aid — reports — limitations. That section four of 
chapter one hundred thirty-one of the acts of the thirty-fourth general 
assembly be and the same is hereby repealed and the following enacted 
in lieu thereof : 

Each high school approved under the provisions of this act shall re- 
ceive state aid to the amount of seven hundred fifty dollars per annum, 
payable in two equal installments at the close of each semester as here- 
inafter provided. The superintendent of each approved training school 
shall at the close of each semester file such report with the superin- 
tendent of public instruction as said officer may require. Upon receipt 
of a satisfactory report, the superintendent of public instruction shall 
issue a requisition upon the auditor of state for the amount due the 
school corporation of said high school for said semester, whereupon the 
auditor of state shall draw a warrant on the state treasury payable to 
said school corporation for the amount of said requisition and forward 



14 SCHOOL LAWS OP IOWA 

the same to the secretary of said school corporation. No high schools 
shall be approved as entitled to state aid unless a class of ten or more 
shall have been organized, maintained and instructed during the pre- 
ceding semester in accordance with the provisions of this act and the 
regulations of the superintendent of public instruction. [35 G. A., ch. 
242, § 2; 34 G. A., ch. 131, § 4.] 

Sec. 2634-b4. Inspector — salary — expenses. The appropriation pro- 
vided by this act for instruction of pupils in high schools in the science 
and practice of rural school teaching and the teaching of elementary 
agriculture and home economics, may be expended in part for inspec- 
tion and supervision of such instruction by the superintendent of public 
instruction and by such person as he may designate, and the expense 
of such inspection and supervision shall be paid out of said appropria- 
tion on vouchers certified by the superintendent of public instruction. 
In accordance with the foregoing provisions of this section, the superin- 
tendent of public instruction is authorized to appoint an inspector of 
normal training in high schools and private and denominational schools 
at a salary of not to exceed two thousand dollars per year and necessary 
traveling expenses while in the discharge of his duties. [34 G. A., ch. 
131, § 5.] 

Sec. 2634-b5. Admission — course of instruction — rules — require- 
ments for graduation. The superintendent of public instruction shall 
prescribe the conditions of admission to the normal training classes, the 
course of instruction, the rules and regulations under which such instruc- 
tion shall be given and the requirements for graduation subject to the 
provisions of this act. [34 G. A., ch. 131, § 6.] 

Sec. 2634-b6. Examination for graduation — failure in certain 
branches — fee. That the law as the same appears in section twenty- 
six hundred thirty-four-b six, supplement to the code, 1913, be and the 
same is hereby repealed and the following enacted in lieu thereof : 

"On the third Friday in January and the Wednesday and Thursday 
immediately preceding and on the third Friday in May and the Wednes- 
day and Thursday immediately preceding, each year, in each high 
school approved under this act, an examination for graduation from 
the normal course shall be conducted under such rules as the state board 
of examiners shall prescribe, but the county superintendent of the 
county in which an approved high school may be located shall be desig- 
nated as the conductor of said examination. Candidates for a certificate 
of graduation from the normal course failing in the examination in one 
or more sub.jects, may be permitted to enter the above examinations or 
the regular July teachers' examination under such regulations as the 
superintendent of public instruction shall prescribe. 

Each applicant for a certificate of graduation from the normal course 
in a county shall pay a fee of one dollar which shall entitle him to one 



SCHOOL LAWS OF IOWA 15 

examination in each subject required, provided however that applicants 
rewriting the examination in one or more subjects at the July teachers' 
examination as herein provided shall pay an additional fee of one dollar. 
One-half of the fees from the normal training examinations shall be paid 
into the state treasury on or before the first day of the succeeding 
month, and the remaining one-half shall be paid into the county insti- 
tute fund of the county wherein the examination is held." [36 G. A., 
(S. F. 465, § 1.) ; 34 G. A., ch. 131, § 7.] 

Sec. 2634-b7. Certificate — license to teach — renewal. A certificate 
of graduation from the normal training course provided for in this act 
shall be issued by the superintendent of public instruction, and shall be a 
valid license to teach in any public school in the state for a term of two 
years, subject to registration as provided for other teachers' certificates. 
At the expiration of said certificate the superintendent of public instruc- 
tion is authorizd to renew it for a period of three years under the same 
conditions that apply to the renewal of the first grade uniform county 
certificates. [35 G. A., ch. 242, § 4; 34 G. A., ch. 131, § 8.] 

Sec. 2634-b8. Appropriation. That section nine of chapter one hun- 
dred thirty-one of the acts of the thirty-fourth general assembly be and 
the same is hereby repealed and the following enacted in lieu thereof: 

For the purpose of carrying out the provisions of this act, there is 
hereby appropriated out of any moneys in the state treasury, not other- 
wise appropriated, the sum of one hundred thousand dollars, available 
for the period ending June thirtieth^ nineteen hundred fourteen, and 
the sum of one hundred twenty-five thousand dollars annually there- 
after. [35 G. A., ch. 242, § 3 ; 34 G. A., ch. 131, § 9.] 

Sec. 2634-e. Record of students — sworn statement. At the close of 
each school year, the principal or superintendent of each accredited 
school shall file with the board of examiners a sworn statement, showing 
the name, age, post-office address, studies and attendance of each of the 
students in his school taking the prescribed teachers' course. [29 G. 
A., ch. 115, § 4.] 

CERTIFICATION. 

Sec. 2634-f. Graduates from accredited colleges. That the state 
educational board of examiners may accept graduation from the regular 
and collegiate courses in the state university, state teachers college, 
state normal schools, and the state college of agriculture and mechanic 
arts, and from other institutions of higher learning in the state having 
regular and collegiate courses of equal rank, as evidence that a teacher 
possesses the scholarship and professional fitness for a state certificate. 
[35 G. A., ch. 226, § 1 ; 32 G. A., ch. 148, § 1.] 

Sec. 2634-fl. Graduates of accredited colleges — other states — same 
recognition. Graduates of colleges and schools located in other states 
than loAva, having regular and collegiate courses of equal rank with the 
accredited colleges and schools of Iowa, may be given the same recogni- 



16 SCHOOL LAWS OF IOWA 

tion as provided in section one of this act, provided they file with the 
board of educational examiners evidence of at least two years' successful 
experience as a teacher, principal or superintendent of schools. [35 G. 
A., ch. 226, § 2.] 

Sec. 2634-g. State certificates granted. That in all cases where such 
graduation shows the extent and quality of scholarship that is required 
by section twenty-six hundred twenty-nine of the supplement to the 
code, [1902] and when the teacher possesses a good moral character and 
satisfies the board of being professionally qualified, there shall be granted 
by the said board of examiners a state certificate valid for five years to 
teach in any public school in the state. [32 G. A., ch. 148, § 2.] 

Sec. 2634-h. Renewal. All certificates referred to in section twenty- 
six hundred twenty-nine (2629), twenty-six hundred thirty-b (2630-b), 
twenty-six hundred thirty-c (2630-c), twenty-six hundred thirty -four-d 
(2634-d), twenty-six hundred thirty-four-f (2634-f), and twenty-six 
hundred thirty-four-g (2634-g), of the supplement to the code, 1907, 
shall be renewed for life by the state board of educational examiners 
upon the payment of a fee of five dollars ($5.00) and proof of at least 
five years' successful teaching, three of which shall have been during 
the time the said certificate (with renewals) has been in force. [34 G. 
A., ch. 130, § 3; 32 G. A., ch. 148, § 3.] 

Sec. 2634-hl. Conditions for renewal under certain sections — fee. 

All certificates referred to in sections twenty-seven hundred thirty-four-d 
and twenty-seven hundred thirty-four-e of the supplement to the code, 
1907, in section twenty-seven hundred thirty-four-g of the supplement 
to the code, 1907, as amended by chapter one hundred eighty-one of the 
acts of the thirty-third general assembly and by section five of this act, 
and in section six of this act, shall be renewed for life by the state board 
of educational examiners upon compliance by the holder with the fol- 
lowing conditions: 

1. The applicant shall show by testimonials from county or city 
superintendents or from the principals having immediate supervision of 
his school work and from a member of the local school board that he has 
had at least five years' continuous successful teaching experience (which 
may have been before or after the passage of this act), at least three of 
which shall have been immediately prior to the time validation is sought 
and under the grade of certificate for which such validation is desired; 

2. The standing of such applicant in the several branches shown upon 
his certificate shall average not less than eighty-five per cent, and in no 
branch shall the per cent, be less than eighty per cent., provided that in 
case the standing is less than the per cent, required, either average or 
special, the holder of the certificate may, at any of the times provided in 
section twenty-seven hundred thirty-four-c of the supplement to the code, 
1907, take an examination in any branch or branches he may desire and 
the per cent, then received shall be entered upon his certificate ; 



SCHOOL LAWS OF IOWA 17 

3. The applicant shall furnish proof of professional study during 
the entire five-year period such as is made necessary in the case of term 
renewals of certificates. 

Upon the issue of a life certificate as herein contemplated, the appli- 
cant shall pay a fee of five dollars to be turned into the state treasury. 
[34 G. A., ch. 130, § 7.] 

Sec. 2634-h2. Lapse of certificate. All life certificates provided for 
in this act shall lapse provided the holder shall not teach during a period 
of five successive years. [34 G. A., ch. 130, § 10.] 

Sec. 2634-h3. Acts in conflict repealed. All acts and parts of acts 
inconsistent with the provisions hereof are hereby repealed. [34 G. A., 
ch. 130, § 13.] 

FREE TUITION. 

Sec. 2733-al. Attendance at schools outside home district — tuition. 

Any person of school age who is a resident of a school corporation which 
does not offer a four-year high school course and who has completed the 
course as approved by the department of public instruction for such cor- 
poration shall be permitted to attend any public high school or county 
high school in the state approved in like manner, that will receive him. 
Any person applying for admission to any high school under the pro- 
visions of this act shall present the officials of said high school the affi- 
davit of his or her father, mother or guardian that svich applicant is of 
school age and a resident of a school district of this state, specifying 
the district. He shall also present a certificate signed by the county 
superintendent showing proficiency in the common school branches, read- 
ing, orthography, arithmetic, physiology, grammar, civics of low^a, geo- 
graphy, United States history, penmanship and music. The school cor- 
poration in which such student resides shall pay to the secretary of the 
corporation in which such student shall be permitted to enter a tuition 
fee equal to the average cost of tuition and the average proportion 
"of contingent expenses in the high school department in the latter cor- 
poration during the time he so attends, not exceeding, however, a total 
period of four school years; such payment to be made out of the teach- 
ers' fund and the contingent fund or out of the general fund of the 
debtor corporation and such tuition fees as collected by the secretary 
shall be turned over by him with an itemized statement, to the treasurer 
of the school funds on or before February fifteenth and June fifteenth 
of each year, provided the maximum fee collected from any district for 
each pupil shall not exceed the sum of three and one-half dollars per 
month except in high schools where free textbooks are provided by the 
district such additional amount may be charged as will cover the cost of 
the textbooks furnished to such pupil. If payment is refused or neglected 
the board of the creditor corporation shall file with the auditor of the 
county of the pupil's residence a statement certified by its president 



18 SCHOOL LAWS OF IOWA 

specifying the amount due for tuition and for contingent expenses re- 
spectively, and the time for which the same is claimed; and the auditor 
shall transmit to the county treasurer an order directing such treas- 
urer to transfer the amount of such account from the debtor corpora- 
tion to the creditor corporation, and the treasurer shall pay the same 
in accordance therewith. No school corporation situated in a county 
maintaining a county high school shall be required to pay the tuition 
of pupils at any high school other than such county high school, but 
this shall not apply to pupils who, while residing at home, attend some 
high school other than that of the school corporation in which they 
reside ; and the tuition to be paid by school corporations in such county 
shall be three and one-half dollars per pupil per month, provided that, 
in counties having a county high school where a child resides at home 
and attends a high school outside the district of his residence other 
than the county high school, and the school corporation where the child 
resides pays the tuition for such child, and at the end of the school 
year it is found that less pupils have attended the county high school 
from the district where such child resides than was entitled to attend 
under the county high school apportionment, then and in that case the 
school corporation where such child resides shall be entitled to be re- 
imbursed from the county high school funds for the tuition so paid, 
not exceeding in the aggregate an amount equal to the taxes contributed 
by such district to safid county high school funds for the tax year pre- 
ceding, fair and equitable credit being given to the county high school 
fund for pupils actually attending said county high school during said 
school year from the district where said child resides. The county 
superintendent shall, on being applied to for such purpose, determine 
in writing the amount due such corporation from the county high school 
fund, and furnish such corporation with a copy of such finding. "Within 
twenty days thereafter such corporation may appeal to the district court 
from such finding by serving written notice on the county superintendent 
of the taking of such appeal. On the service of said notice the county 
superintendent shall file a copy of his finding in the office of the clerk 
of the district court and the clerk shall docket the cause without fee. 
The matter shall be tried on appeal as in equity and without formal 
pleading. The decision of the district court shall be final. The treas- 
urer shall, upon the filing with him of any final decision, immediately 
transfer from the county high school funds to the credit of the corpor- 
ation entitled to the same the amount directed to be transferred. [36 
G. A., H. F. 587, ^2; 35 G. A., ch. 239, §1; 35 G. A., ch. 240, 
§ 1; 34 G. A., ch. 146, §§ 1-4.] 

Notes: 1. Constitutionality. The statutes fixing a minimum wage for 
school teachers and providing a punishment for the employment of a 
teacher at a less rate are not violative of the constitutional provisions guar- 
anteeine equal rights and forbidding special privileges or immunities. 165 
Iowa, 697. 

2. Hiring Teachers. The hiring of a school teacher at less than the 
minimum wage, and in violation of the statute prohibiting the acts and 



SCHOOL LAWS OP IOWA 19 

prescribing simply a fine as punishment for its violation, is a crime triable 
as a misdemeanor, although the statute itself does not declare that its 
violation shall be a crime. 165 Iowa, 697. 

3. County High School. A school corporation of a county maintaining a 
county high school, under Ch. 12, Title 13, of the Code, with a four-year 
course, being as a matter of law a part of the county high-school scheme, 
is "offering a four-year high school course" within the meaning of this sec- 
tion, and is not liable for the tuition of pupils residing therein while attend- 
ing high school outside of their district and not in the county high school. 
The parents of such children are liable to the school corporation, where 
such children attended, for the tuition of such children. Ind. Sch. Dist. of 
Stuart V. Carter, 150 N. W., 445. 

4. Recovery of Tuition. Where one school district paid tuition to an 
other district in the mutual belief that the pupil for whom it was paid re- 
sided in the former district it is recoverable on the ground of mutual mis- 
take. 162 Iowa, 686. 

COUNTY SUPERINTENDENT. 

Sec. 2734-a. Repeal. There is hereby repealed sections twenty-six 
hundred thirty-two, twenty-seven hundred thirty-four, twenty-seven hun- 
dred thirty-five, twenty-seven hundred thirty-six, twenty-seven hundred 
thirty- seven of the code, and sections twenty-seven hundred thirty-four, 
twenty-seven hundred thirty-six, twenty-seven hundred thirty-seven of 
the supplement to the code, [1902] and the followino; enacted in lieu 
thereof: [31 G. A., ch. 122, § 1.] 

Sec. 2734-b. Qualifications — powers and duties — deputy. That the 
law as it appears in section twenty-seven hundred thirty-four-b, sup- 
plement to the code, 1907, be and the same is hereby repealed and the 
following enacted in lieu thereof: 

The county superintendent, who may be of either sex, shall be the 
holder of a regular five-year state certificate or a life diploma, and shall 
have had at least five years' experience in teaching or superintending, 
but this provision as to experience shall not apply until September first, 
nineteen hundred eighteen, provided that any county superintendent 
of schools now serving shall be deemed eligible to reappointment or re- 
election under this act. The county superintendent shall, under the 
direction of the superintendent of public instruction, serve as the organ 
of communication between the department of public instruction and 
the various officers and instructors in his county, and shall transmit or 
deliver to them all books, pamphlets, circulars or communications de- 
signed for them. He shall visit the different schools in his county at 
least once during the school year and also when requested by a majority 
of the directors of any school corporation. He shall also, at the request 
of the superintendent of public instruction, visit and report upon such 
schools as may be designated. He may appoint a deputy, for whose 
acts he shall be responsible, and who may act in his stead except in 
visiting schools and trying appeals, the salary of such deputy to be 
fixed by the representatives in convention assembled. He shall, on the 
first Monday of each month, file with the county auditor an itemized 
and verified statement of his actual and necessary expenses incurred 



20 SCHOOL LAWS OP IOWA 

during the previous month in the performance of his official duties 
within his county, and such expenses shall be paid by the county board 
of supervisors out of the county fund, but the total amount so paid 
for any one year for such purposes shall not exceed the sum of two 
hundred fifty dollars. [36 G. A, H. F. 6, §§ 1, 2; 35 G. A., ch. 107, 
§ 3; 31 G. A., ch. 122, § 2; 27 G. A., ch. 85, § 1; 16 G. A., ch. 136, 
§ 2; C. '73, §§ 1765, 1770; R. § 2069.] 

Notes: 1. Certificate in force. To be eligible to the office of countj' 
superintendent a candidate must have held — and in force — a first or second 
grade state certificate, or a life diploma. 

2. Personal supervision. Personal supervision by the county superin- 
tendent is understood to extend to all schools. Visitation by the county 
superintendent of city graded schools is not compulsory. During his visit 
to a school the superintendent may hear recitations and give instructions 
to pupils, but usually the regular work of the school should proceed under the 
immediate direction of the teacher. 

3. Visitation. The superintendent in his visits should endeavor to aid, 
instruct, and inspire teachers to employ the best methods of teaching, gov- 
erning and conducting their schools. He should try to secure the proper 
classification of pupils, the right use of the course of study and school 
libraries, and due care and protection of school property. He should study 
to awaken among parents and children a deeper interest in the public 
schools, so as to secure improved attendance, deportment and scholarship, 
and induce more frequent visits of parents and school officers. A judicious 
visit from the superintendent may often infuse new life into the school. 

4. Condition of buildings. The county superintendent should carefully 
observe the condition of the schoolhouse and surroundings, note all defects, 
and at once notify the director or board of the same. 

5. Statement of traveling expense- The itemized statement of traveling 
expenses must give the date the expense was incurred, for what, to whom 
paid, and the amount paid. 

6. Deputy — bond — compensation. A deputy of the county superintend- 
ent may receive such a reasonable allowance for his services as the board 
thinks best. The deputy must take the same oath as his principal, must 
give a bond, and both appointment and bond must be approved by the 
board of supervisors before the deputy may enter upon the duties of his 
office. Code, section 118 6. 

7. Legal adviser. The county attorney is the legal adviser of the dif- 
ferent county officers. He should be freely consulted on questions of law 
upon which the county superintendent is in doubt. Section 2740. Code, 
section 3 02. 

Sec. 2734-bl. Term— vacancy. The term of office of the county su- 
perintendent of schools shall be for three years and until his successor 
is elected and qualified and such term shall begin on the first secular 
day of September after his election; and the terms of county super- 
intendents now in office are hereby extended until the first day of Sep- 
tember, nineteen hundred fifteen, and until their successors are elected 
and qualified. Should a vacancy in such office occur, by death, re- 
moval, resignation, or otherwise, the county auditor shall at once call 
a special meeting for the purpose of filling such vacancy. [35 G. A., 
ch. 107, § 4.] 

Sec. 2734-b2. Acts in conflict repealed. All acts or parts of acts in 
conflict herewith are, so far as in conflict, hereby repealed. [35 G. A., 
ch. 107, § 5.] 



SCHOOL LAWS OF IOWA 21 

Sec. 2734-c. Examinations. On the last Friday, and Wednesday 
and Thursday preceding, in the months of January, June, July and Oc- 
tober, the county superintendent shall meet and, with such assistants 
as may be necessary, examine all applicants for a teacher's certificate. 
Such examinations shall be held at the county seat, in a suitable room 
which shall be provided for that purpose by the board of supervisors; 
but the county superintendent may at his discretion cause to be held 
at the time of any regular examination an additional examination at 
some other place in the county. The questions used in such examina- 
tions shall be furnished by the educational board of examiners, who 
shall cause the same to be printed, and the examinations shall be con- 
ducted strictly under rules prescribed by the board. 

On the last Friday of August and the Wednesday and Thursday pre- 
ceding, the county superintendent of each county shall conduct an addi- 
tional examination to which only such persons as file certificates of 
attendance during the summer immediately preceding at a summer 
school approved for the twelve weeks of normal training provided for 
in section twenty-seven hundred thirty-four-p, supplement to the code, 
1913, shall be admitted. 

This examination shall be under the same regulations as to prepara- 
tion of questions, grading of papers, granting of certificates as the four 
examinations provided for in the first part of this section. [36 G. A., 
S. F. 563, § 1; 31 G. A., ch. 122, § 3; 19 G. A., ch. 161, § 2; 17 G. A., 
ch. 143; C. '73, §§ 1766. 1768, 1774; R., §§ 2066, 2068, 2073; C. '51, 
§ 1148.] 

Notes: 1. Supplemental examination. Where two examinations are held 
in a county, one will be in charge of a competent deputy appointed by the 
county superintendent. It is only in exceptional cases and where a larg(j 
number of applicants will be accommodated that a second examination should 
be authorized. 

2. Assistants — compensation of. The county superintendent should ap- 
point such assistants as may be necessary to properly conduct the examina- 
tion. The persons assisting shall file claims for their services with the 
board of supervisors, who shall audit and allow a reasonable compensation 
therefor. Section 2 742. 

Sec. 2734-d. First grade certificates — subjects. The examination 
for the first grade certificate shall include competency in and ability to 
teach orthography, reading, writing, arithmetic, geography, grammar, 
history of the United States, didactics, elementary civics, elementary 
algebra, elementary economics, elementary physics, elements of vocal 
music, physiology and hygiene, which in each division of the subject 
shall include special reference to the effects of alcohol, stimulants and 
narcotics upon the human system. [31 G. A., ch. 122, § 4.] 

Notes: 1. Subjects for which valid. Holders of any valid license, not 
a special certificate, may teach any subject prescribed in the curriculum, 
whether the holder was examined in such subject. Attorney-general, report 
1906, page 42. 

2. Validity. First grade certificates are valid in any county in which 
they are registered. Section 2734-q. 

3. Term — renewal. A first grade certificate is issued for three years 
and Is renewable subject to conditions named in section 2 734.g. 



22 SCHOOL LAWS OF IOWA 

4. V^ocational subjects. Agriculture and a choice between Domestic 
Science and Manual Training is required for a first grade certificate. See 
section 2775-a. 

Sec. 2734-e. Special certificates. A special certificate may be issued 
for any subject, or any group of subjects, taught in the public schools 
of Iowa, upon examination in such special subject or group of subjects 
and per cents therein such as are required for the issue of a first grade 
county certificate. A special certificate shall be issued for a term of 
three years and shall be renewable under the same conditions as apply 
to the renewal of first grade certificates. It shall state the names of 
the subjects for which it is issued, and shall not be valid for the teaching 
of any other subjects. [34 G. A., ch. 130, § 4; 31 G. A., ch. 122, § 5.] 

Notes: 1. Kinds of si)ecial ceitificates. The following kinds of special 
certificates are issued. 1, music; 2, penmanship; 3, drawing; 4, kindergar- 
ten; 5, domestic science; 6, manual training; 7, Latin; 8, German; 9, Greek; 
10, French; 11, physical culture; 12, English, including grammar, rhetoric, 
English composition and English and American literature; 13, history and 
political science, including Greek, Roman, English and American history, 
civil government of Iowa and of the United States, and economics; 14, 
mathematics, including higher arithmetic, algebra, geometry and trigonom- 
etry; 15, natural science, including physiology, physical geography, geology, 
botany and zoology; 16, physical science, including physics, chemistry and 
astronomy; 17, commercial, including arithmetic, penmanship, bookkeeping 
and commercial law; 18, stenography. 

2. Subjects may be added. Any candidate passing in one of these groups 
can at his option add another subject or group of subjects to said group 
without paying an additional fee, provided the examination is completed al 
a given date. 

3. Subjects for which valid. The holder of a special certificate may teach 
only the subjects named. 

4. Validity. Special certificates are valid in any county in the state in 
which they are registered. Section 2 734-q. 

5. Renewal. See section 2 734-g. 

6. Special state ceitificat^s. Section 2 630-b. 

Sec. 2734-f. Record of examinations. A record shall be kept by the 
county superintendent of all examinations taken within his county, 
with the name, age and residence of each applicant, and the date of 
the examination. [31 G. A., ch. 122, § 6.] 

Notes: 1. Records. The records of the examinations should be care- 
fully kept, because from them the reports to the board of supervisors, coun- 
ty and state treasurers and superintendent of public instruction must be 
made. 

2. Details. This record should show the names of the candidates, fees 
received and date, and grade of certificate issued to each. 

Sec. 2734-g. First grade certificates— renewal. Applicants who 
have taught successfully for at least thirty-six weeks, and whose ex- 
amination entitles them to the first grade certificate, shall receive the 
same for a term of three years from the date thereof, and such certifi- 
cate shall be renewable without examination, provided the applicants 
shall show by testimonials from superintendents or principals who had 
immediate supervision of their professional study that at least one line 
of professional inquiry has been successfully conducted during the life 
of the certificate, it being made the duty of the board to forward with 



SCHOOL LAWS OP IOWA 23 

each certificate subject to renewal, outlines setting forth various lines 
of professional study. It is provided further that each application 
for renewal shall be accompanied by such proof of successful expe- 
rience and professional spirit as the educational board of examiners may 
require. [34 G. A., ch. 130, § 5 ; 33 G. A., ch. 181, § 1; 31 G. A., ch. 
122, § 7; 27 G. A., ch. 86, ^ 2; 26 G. A., ch. 39; 21 G. A., ch. 1, § 3; 
C. 73, §§ 1767, 1771; R., §§ 2067, 2070.] 

Sec. 2734-h. Second grade certificates — renewal. Applicants whose 
examination entitles them to second grade certificates only, shall re- 
ceive the same for not to exceed two years with the privilege of renewal 
of the same without further examination under the same conditions 
as govern the renewal of first grade certificates. The holder of a 
second grade certificate, may at any of the examinations provided for 
in section twenty-seven hundred thirty-four-c (2734-c) of the supple- 
ment to the code, 1907, take an examination in any one or more of the 
additional branches, required for the issue of a first grade certificate, 
or he may at any such time be re-examined in any branch or branches 
in which he desires to raise his grade, and in each case the new per 
cent shall be placed on his certificate, and when he has thus success- 
fully passed in all the branches required for the issue of a first grade 
certificate, such certificate shall then be issued to him, provided he has 
had at least thirty-six weeks' successful experience in teaching; if 
not, then at the conclusion of such experience. In like manner third 
grade certificates may be changed into those of the second or first 
grade, and in all cases whether the certificate be of the first, second or 
third grade, credit shall be given for all examinations taken under the 
auspices of the board, it being the intention of the law that an examina- 
tion once taken shall be final unless the certificate holder desires to be 
re-examined in any one or more branches with a view of raising his 
per cent in such branches or his general averasre. [34 G. A., ch. 130, 
§ 6; 33 G. A., ch. 181, § 2; 31 G. A., ch. 122, § 8.] 

Notes: 1. Subjects. The examination for a second grade certificate in- 
cludes competency in and ability to teach all the subjects enumerated in 
section 2 734-d excepting elementary civics, elementary economics, elemen- 
tary algebra and elementary physics. 

2. Subjects for which valid. See note 1, section 273 4-d. 

3. Validity. Second grade certificates are valid in any county in which 
they are registered. Section 2 734-q. 

4. Term — renewal. A second grade certificate is issued for a term of 
two years and may be renewed indefinitely. 

Sec. 2734-i. Third grade certificates. Applicants whose examina- 
tion entitles them to a third grade certificate only, shall receive the 
same for one year, at the end of which time upon proof of successful 
teaching and the payment of a fee of one dollar ($1.00). one renewal 
shall be granted. [34 G. A., ch. 130, § 8 ; 31 G. A., ch. 122, § 9.] 

Notes: 1. Subjects. Same as note 1 to section 2 734-h. 

2. Subjects for which valid. See note 1, section 2 734-d. 

3. Validity, Third grade certificates are valid in any county in which 
they are registered. Section 2734-q. 



24 SCHOOL LAWS OF IOWA 

4. Term — renewal. Third grade certificates are issued for 12 months 
and are eligible to one renewal only. 

5. Credits. Applicants advancing from a third grade certificate under 
this section must do so while the certificate or its renewal is in force. 

Sec. 2734-j. Applicants without experience. Applicants who have 
had no experience in teaching, but whose examination entitles them 
to the first grade, shall receive a second grade certificate for two years, 
provided that when they have taught successfully under such certifi- 
cate for not less than thirty-six weeks, they shall be entitled to receive 
a first grade certificate on the condition herein provided for a renewal 
of a certificate. [31 G. A., ch. 122, § 10.] 

Sec. 2734-k. County certificates — renewal — conditions. That sec- 
tion twenty-seven hundred thirty-four-k (2734-k) of the supplement to 
the code, 1907, is hereby repealed. [34 G. A., ch. 130, § 9; 31 G. A., 
ch. 122, § 11.] 

Sec. 2734-1. Qualifications of applicants. Before admitting any one 
to the examination, the county superintendent must be satisfied that 
the person seeking a certificate is of good moral character, of which 
fact he may require proof, and is in all respects other than in scholar- 
ship possessed of the necessary qualifications as an instructor. [31 G. 
A., ch. 122, § 12; 27 G. A., ch."86, § 2; 26 G. A., eh. 39; 21 G. A., ch. 1, 
§ 3; C. 73, §§ 1767, 1771; R., §§ 2067, 2070.] 

Sec. 2734-m. Examination papers graded — certificates issued. As 
soon as the examination is completed the county superintendent shall 
forward to the superintendent of public instruction, a list of all appli- 
cants examined, with the standings of each in didactics and oral read- 
ing, and his estimate of each applicant's personality and general fitness, 
other than scholarship, for the work of teaching. He shall at the same 
time forward to the superintendent of public instruction the answer 
papers written, with the exception of those in didactics. Under the 
supervision of the educational board of examiners, the papers shall be 
graded and the scholastic qualifications determined. The result of such 
examination of persons who pass the same shall be entered unon a cer- 
tificate provided by such board, and shall be transmitted to the county 
superintendent of the county in which the person entitled thereto re- 
sides. [31 G. A., ch. 122, § 13.] 

Notes: 1. Report of examination. All certificates are sent to the county 
superintendent, who should forward them to the persons to whom issued. 
At the same time, the report of the standing of those who do not receive 
certificates is sent to the county superintendent, who should at once notify 
each candidate of his standing. 

2. Checking. Immediately upon receipt of the certificates, the county 
superintendent should check each one with the examination sheet. By doing 
so, errors may be avoided. 

Sec. 2734-n. Readers — clerical help — compensation. Immediately 
following each examination authorized by this act, the board of exam- 
iners shall call to their assistance a sufficient number of competent 
readers previously selected by the board, ten of whom shall be county 
superintendents. The county superintendents so chosen shall be known 



SCHOOL LAWS OF IOWA 25 

as head readers and shall also constitute a review board in cases of doubt. 
They shall also make a list of applicants from each county, nearest the 
passing mark for a third grade certificate. The head readers shall re- 
ceive necessary traveling expenses only. All other readers shall receive 
actual traveling expenses to and from the capitol and not to exceed 
fifty cents an hour for time actually employed in reading and marking 
answer papers. Such additional clerical help as may be required may 
be employed by the board at not to exceed thirty cents per hour for 
time actually employed. [31 G. A., ch. 122, § 14.] 

Sec. 2734-0. Expenditures certified and paid. All expenditures 
authorized by this act shall be certified by the superintendent of public 
instruction to the executive council, who shall cause the auditor of the 
state to draw warrants therefor upon the treasurer of state, but not 
to exceed the fees paid into the treasury under the provisions of this 
act. [31 G. A., ch. 122, § 15.] 

Note: Board members' salary. Section 2634-a. 

Sec. 2734-p. Qualifications of applicants — fee. Each applicant for 
a certificate shall pay a fee of one dollar, one half of which shall be 
paid into the state treasury on or before the first day of the succeeding 
month, and one half shall be paid into the county institute fund. Pro- 
vided, however, that applicants for teachers' certificates after July first, 
nineteen hundred fifteen, shall have had at least twelve weeks of normal 
training, and shall at the time of making such application furnish a 
certificate in writing from the institution where such training was re- 
ceived, showing such fact. It is further provided, that this act shall 
not apply to the regular graduates of the state university, state col- 
lege of agriculture and mechanic arts, state teachers college, any ac- 
credited college of the state, or of any other college of like character 
outside of the state. [35 G. A., ch. 243, § 1 ; 31 G. A., ch. 122, § 16.] 

Sec. 2734-pl. Experience as qualification. The provision of this 
act shall in no way bar any teacher who can furnish evidence of at 
least six months' successful teaching experience. [35 G. A., ch. 243, § 2.] 

Sec. 2734-p2. Provisional certificates. If there should be schools 
without teachers and teachers cannot be secured with qualifications as 
provided in sections one or two of this act, then provisional certificates 
may be issued regardless of qualifications as provided in said sections to 
so many teachers as shall be required to supply such schools. [35 G. 
A., ch. 243, § 3.] 

Notes: 1. Fees — collection of. A fee of $1 must be collected from every- 
one writing an examination either in part or in whole, from everyone ap- 
plying for a provisional certificate and from everyone applying for the re- 
newal of a certificate. 

2. Fees — depositing. One-half of the examination fee collected must be 
paid into the institute fund and the other half must be forwarded to the 
treasurer of state, Des Moines, Iowa. These fees should be deposited on 
the FIRST DAY OF THE MONTH. Do not remit to the state treasurer on 
any other date. 



26 SCHOOL LAWS OP IOWA 

Sec. 2734-q. Registration fee. No person shall teach in any public 
school in this state whose certificate has not been registered with the 
county superintendent of the county in which such school is located. 
[34 G. A., ch. 130; 31 G. A., ch. 122, § 17.] 

Notes: 1. All licenses nuist be registered. Every person holding either 
a state certificate, state diploma, a county certificate, a special certificate, 
or a certificate to teach in kindergartens, who desires to teach, in any of 
the public schools of this state must cause such certificate to be registered 
with the county superintendent of the county in which he desires to teach, 
no matter when the certificate is issued, whether before or since October 
1, 1906. Opinion of attorney-general. 

2. Registration — when not necessai'y. The holder of a certificate may 
not be required to have the same registered unless he desires to teach under 
its authority. 

Sec. 2734-r. Third grade certificates — when not registered. In case 
a sufficient number of life diplomas, state certificates, first grade cer- 
tificates, special certificates and second grade certificates are held in 
any county to supply the schools thereof it shall not be incumbent on 
the county superintendent to register third grade certificates. [31 G. 
A., ch. 122, § 18.] 

Sec. 2734-s. Special examination — provisional certificates. When 
a sufficient number of licensed teachers cannot be secured to fill the 
schools of any county, the board of examiners may, upon the request 
of the county superintendent, appoint a special examination for such 
county to be conducted in all respects as a regular examination and 
the answer papers to be forwarded to the president of the board as 
required in regular examinations, and thereupon provisional certifi- 
cates may be issued by the educational board of examiners. [31 G. A., 
ch. 122, § 19.] 

Notes: 1. Strict observance. It is recommended that county superin- 
tendents observe strictly the rules under which provisional certificates are 
issued. Such observance will increase the efficiency of all departments of 
public school work. 

2. Provisional certificates — nuniber. It is clearly the intent of the law 
that provisional certificates shall be "emergency certificates," and that not 
more than one should be issued to any person. County superintendents 
should not ask for these certificates except under great necessity. Only 
under exceptional conditions should a provisional certificate be asked for 
any individual the second time. 

Sec. 2734-t. Certificates — where valid — ^revocations. All certificates 
provided for in this act shall be valid in any county within the state, 
when registered in such county, but a provisional certificate shall be 
valid, upon registration, only in the county in which it is issued and 
shall be issued for the same time and subject to the same extension as 
a third grade certificate, but no person shall be entitled to receive more 
than one provisional certificate, except upon the approval of the county 
superintendent. Any certificate or diploma issued by the board may 
be revoked for any cause which would have authorized or required a 
refusal to grant the same, or in case the holder thereof violates any of 
the provisions of this act. [31 G. A., ch. 122, § 20.] 



SCHOOL LAWS OF IOWA 27 

Sec, 2734-u. Revocation of certificate — charges — trial — appeal. 

When in the judgment of the county superintendent there is probable 
cause for the revocation of a certificate or diploma held by any teacher 
employed in his county, or when charges are preferred, supported by 
affidavits charging incompetency, immorality, intemperance, cruelty, or 
general neglect of the business of the school, the county superintend- 
ent shall within ten days transmit to such person a written statement 
of the charges preferred and set the time and place for the hearing of 
the same, at which trial the teacher shall be privileged to be present 
and make defense. If in the judgment of the county superintendent 
there is sufficient grounds for the revocation of the certificate or di- 
ploma, he shall at once issue in duplicate an order revoking the certifi- 
cate or diploma, and the same shall become operative, and of full force 
and effect ten days after the date of its issue, one copy of the order 
to be mailed to the holder of the certificate and the other to be mailed 
to the superintendent of public instruction. Provided that the per- 
son aggrieved by such order shall have the right to appeal to the su- 
perintendent of public instruction within ten days from the date of 
such mailing and in case of appeal the revocation shall not be effective 
until the same is affirmed, after full hearing, by the superintendent of 
public instruction. Provided further, that in the case of life diplomas 
or state certificates of whatever class, the revocation shall not be ef- 
fective until affirmed by the educational board of examiners after full 
review by said board. '[31 G. A., ch. 122, § 21.] 

Sec. 2734-v. List of persons holding certificates and attending nor- 
mal institutes. The county superintendent shall annually, on the first 
Monday of September, file with the president of the educational board 
of examiners a list of all persons who for the preceding year have held 
certificates and have attended the normal institute, with the' number 
of days attendance of each. A similar report of summer school attend- 
ance shall be secured by the president of the board. In any subsequent 
examination or renewal the board may give such credit for institute 
or summer school attendance as it may determine, any rule adopted to 
apply equally to all similar cases. [31 G. A., ch. 122, § 22.] 

Sec. 2738. Normal institutes — adjournment of schools — attendance 
— lectures — funds — reports — summer schools^ — fees. That the law as 
it appears in section twenty-seven hundred thirty-eight, supplement to 
the code, 1907, as amended by chapter one hundred thirty of the acts 
of the thirty-fourth general assembly, be and the same is hereby repealed 
and the following enacted in lieu thereof: 

The county superintendent shall hold annually at least one, but not 
more than two, county teachers' institutes at such times as the schools 
of the county are generally in session ; and shall, with the concurrence 
of the superintendent of public instruction, procure such assistance as 
may be necessary to conduct the same. 

The school board of every school district except in city independent 
school districts where twenty-five or more teachers are regularly em- 



28 SCHOOL LAWS OF IOWA 

ployed, shall adjourn the school or schools of said district for not less 
than two days in each school year in order to allow teachers to attend 
county teachers' institutes held in the county, without loss of salary. 
The county superintendent shall issue a certificate of attendance to 
each teacher showing number of days of attendance at said institute, 
and any teacher failing to attend said teachers' institute two days shall 
forfeit his or her average daily salary for each day of non-attendance, 
except when excused by the county superintendent for physical disa- 
bility to perform his or her duties in the school room. 

In city independent districts where twenty-five or more teachers are 
regularly employed, the county superintendent shall co-operate with 
the city superintendent in arranging for educational lectures relating 
to the professional work of the teacher and to such matters of public edu- 
cation as may best meet the needs of the teachers in such districts and 
at such times as may be approved by the city superintendent and city 
board of education, in so far as the condition of the county institute 
fund shall permit. All arrangements concerning plans for professional 
teachers' meetings in said city districts shall be subject to final approval 
by the superintendent of public instruction. It shall be the duty of 
teachers in said districts to attend said lectures and the county super- 
intendent shall issue a certificate of attendance showing number of lec- 
tures attended as provided by this act. 

To defray the expenses of said teachers' institutes, in addition to the 
fifty dollars received annually from the state and one half of all exam- 
ination fees collected in the county, one hundred fifty dollars from the 
general county fund shall be available for that purpose in counties hav- 
ing a population of thirty thousand or less, which amount shall be ap- 
propriated by the board of supervisors of such county at their January 
session in each year, and in counties of over thirty thousand, two hun- 
dred dollars shall be thus appropriated for such purpose. 

No part of the county teachers' institute fund received from the 
aforesaid sources may be used for any other purpose than to pay in- 
structors, for special supplies needed in order to properly conduct said 
teachers' institutes, for janitor service, and rent for building in which 
to conduct said institute if necessary. 

On the first secular day of each month, the county superintendent 
shall transmit to the county treasurer all moneys received for examina- 
tion fees and the state appropriation for institutes, which, together 
with the county appropriation, shall be designated as the county teach- 
ers' institute fund; he shall also report monthly the names of all appli- 
cants for teachers' certificates to the county auditor. All disbursements 
of the institute fund shall be by warrants drawn by the county audi- 
tor, who shall draw said warrants upon the written order of the county 
superintendent, and said written order must be accompanied by an 
itemized bill for services rendered or expenses incurred in connection 
with the institute, which bill must be signed and sworn to by the party 
in whose favor the order is made and must be verified by the county 
superintendent. All said orders and bills shall be kept on file in the 



SCHOOL LAWS OF IOWA 29 

auditor's office until the final settlement of the county superintendent 
with the board of supervisors at the close of his term of office. No war- 
rant shall be drawn by the auditor in excess of [the] institute fund 
then in the county treasury. The county superintendent shall furnish 
to the county board of supervisors a certified itemized account of the 
receipts and disbursements of all moneys collected and paid out by him 
for teachers' institutes and summer schools, which account they shall 
examine, audit and publish a summary thereof with the proceedings of 
the regular June meeting of the board. The county superintendent 
shall report to the board of supervisors on the first of January annually 
a summary of his official financial transactions for the previous year. 

County superintendents are hereby authorized by law to conduct from 
four to six weeks summer school where it may be deemed advisable, 
for the purpose of giving teachers and prospective teachers academic 
instruction. A fee shall be collected from each attendant sufficient in 
the aggregate to meet all necessary expenses for the support of said 
summer school. The fee so collected shall be paid into the county insti- 
tute fund and a list of the names of all attendants shall be filed with 
the county auditor. "Warrants for the purpose of paying instructors 
employed in summer schools shall be drawn by the county auditor, who 
shall draw said warrant upon written order of the county superin- 
tendent, and said written order must be accompanied by a certified 
itemized bill for services rendered or expenses incurred in connection 
with said summer school, but no warrant shall be issued in excess of 
the fees received from the summer school and deposited with the county 
treasurer. This act shall not take effect until July first, nineteen hun- 
dred fourteen. [35 G. A., ch. 225, § 2; 34 G. A., ch. 130, § 11 ; 30 G. 
A., ch. 113; 29 G. A., ch. 123, M ; 27 G. A., ch. 87, § 1 ; 17 G. A., 
ch. 54; 15 G. A., ch. 57; C. '73, § 1769.] 

Notes: 1. Time, The normal institute must 'be held when the public 
schools are generally in session. Section 2 773 provides that no school may 
be in session during a teachers' institute, except by written permission of 
the county superintendent. 

2. Plans. County superintendent will determine the time and place, 
and suggest the names of conductor and instructors for approval. 

3. Value. If the proper means are employed, the normal institute can 
be rendered invaluable to teachers. Young and inexperienced teachers 
should not expect to receive certificates, except of the lowest grade, without 
regularly attending the normal institute. The benefits to be received should 
secure voluntary and general attendance. 

4. Faculty. A conductor of successful experience in institute work, able 
to give plain, practical instruction in methods of school organization, gov- 
ernment and teaching, should be secured early. The other instructors should 
be superior teachers of recent experience. 

5. Ability should be established. County superintendents should have 
sufficient evidence of the abilities of their instructors before engaging them. 
In all cases where strangers are employed, references should be required, 
and inquiries made at the state department will frequently secure the proper 
knowledge. 



30 SCHOOL LAWS OF IOWA 

6. Director. The superintendent may be director, assuming the gen- 
eral oversight and direction of the institute. He may receive no part of 
the institute fund in payment for such service. 

7. Purjjose. These normal institutes are short inspirational schools, 
their object ibeing to reach and correct the greatest defect found in the 
schools. The superintendent, in visiting schools, should seek to discover 
the most prominent defects and wants in the methods of instruction. The 
normal institute will afford effective means of reaching and correcting these 
faults. The great object is to instruct teachers how to teach children. 

8. JLecturers, appai'atus. In normal institutes, efficient and earnest in- 
structors should be employed. Charts and other appliances should be 
amply provided. Physicians and scientists may be invited to lecture, and 
teachers should be exhorted to be sincere, fearless and faithful in the dis- 
charge of their duty. 

9. Reports to treasurer. The reports and payments to the county treas- 
urer should be made the first of each month, and at the end of the institute. 

10. SettJement with supervisors. It is the duty of the board of super- 
visors to settle with the county superintendent, at the close of his term of 
office, as with other county officers, according to the provisions of the law. 

11. Examination fee. The examination fee is in every case one dollar. 
Section 2734-p. 

Sec. 2739. Reports. The county superintendent shall annually, on 
the last Tuesday in August, make a report to the superintendent of 
public instruction, giving a full abstract of the several reports made to 
him by the secretaries and treasurers of school boards, stating the 
manner in and extent to which the requirements of the law regarding 
instruction in physiology and hygiene are observed, and such other 
matters as he may be directed by the state superintendent to include 
therein, or he may think important in showing the actual condition 
of the schools in his county. At the same time, he shall file with the 
county auditor a statement of the number of persons of school age in 
each school township, and independent district in the county. He shall 
also report, as provided by law, to the superintendent of the college 
for the blind, the name, age, residence and postoffice address of every 
person, resident of the county, so blind as to be unable to acquire an 
education in the common schools; to the superintendent of the insti- 
tution for the deaf and dumb, with the same detail, all persons of school 
age whose faculties in respect to hearing or speaking are so deficient 
as to prevent them from acquiring an education in such schools ; and 
to the institution for the feeble-minded, all persons of like age who, 
because of mental defects, are entitled to admission therein. [31 G. A., 
ch. 136, § 1; 21 G. A., ch. 1, § 2; C. '73; §§ 1772, 1775; R., § 2071.] 

Notes: 1. Blanks. The blanks for the annual report of the county su- 
perintendent, together with instructions for making the report, are fur- 
nished by the superintendent of public instruction. The blanks for the re- 
ports to the different institutions should be furnished by the superintend- 
ents in charge of such institutions. 

2. Tests. The superintendent should test the accuracy of the treasurers' 
reports by consulting the books of the county treasurer. The amount of 
the several funds reported received from the district tax. also the amount 
received from the semi-annual apportionments, must agree with the county 
treasurer's receipts. 



SCHOOL LAWS OP lOWA 21 

3. Errors. All errors must be corrected. The ibalances reported on hand 
in the last report from the district treasurer must the following year be 
correctly accounted for and must form the first item of such report and 
be designated: "On hand at last report." 

4. Eiiunieration. The abstract of the enumeration of children in each 
district should be made with special care, complete and accurate; other- 
wise the county will not obtain its just proportion of the income of the per- 
manent school fund. 

5. Delayed reports. Should the district secretaries or treasurers fail to 
make their reports in time, the superintendent should take prompt meas- 
ures to secure them, going after them if necessary. 

Sec. 2740. Enforcing laws. The county superintendent shall see 
that all provisions of the school law, so far as it relates to the schools 
or school oificers within his county, are ohserved and enforced, spe- 
cially those relating to the fencing of schoolhouse grounds with barb 
wire, and the introduction and teaching of such divisions of physiology 
and hygiene as relate to the effects of alcohol, stimulants and narcotics 
upon the human system, and to this end he may require the assistance 
of the county attorney, who shall at his request bring any action neces- 
sary to enforce the law or recover penalties incurred. [21 G. A., ch. 1, 
§ 2; 20 G. A., ch. 103, § 2.] 

Sec. 2741. Penalty. Should he fail to make the report herein re- 
quired of him to the superintendent of public instruction or the county 
auditor, he shall forfeit to the school fund of his county the sum of fifty 
dollars, to be recovered in an action brought by the county for the 
use of the school fund, and in addition shall be liable for all damages 
occasioned thereby. [C. '73, § 1773; R., § 2072.] 

Note: 1. Additional to penalty. In addition to the penalty provided In 
in this section for a failure to make the annual report, the delinquent county 
superintendent is required to pay a reasonable compensation to the person 
whom the superintendent of public instruction may appoint to make such report 
for him. Section 2622. 

Sec. 2742. Compensation. He shall receive a salary of twelve hun- 
dred fifty dollars a year, the expenses of necessary office stationery and 
postage, and those incurred in attendance upon meetings called by the 
superintendent of public instruction; claims therefor to be made by 
verified statements filed with the county auditor, who shall draw his 
warrant upon the county treasurer therefor; and the board of super- 
visors may allow him such further sum by way of compensation as may 
be just and proper. Provided, however, that from and after the first 
day of September, nineteen hundred fifteen, county superintendents 
shall receive the following salary, payable monthly, and the representa- 
tives of the school corporations in session may allow them such further 
sum by way of compensation as may be just and proper. He shall re- 
ceive a salary of fifteen hundred dollars a year, the expenses of neces- 
sary office stationery and postage, and those incurred in attendance 
upon meetings called by the superintendent of public instruction ; claims 
therefor to be made by verified statements filed with the county auditor, 
who shall draw his warrant upon the county treasurer therefor; and 
the board of supervisors may allow him such further sum by way of 



32 SCHOOL LAWS OF IOWA 

compensation as may be just and proper. [35 G. A., ch. 107, § 2 ; 29 
G. A., eh. 124, § 1; 19 G. A., ch. 161, § 1; C. '73, § 1776; R., § 2074.] 

Notes: 1. Superintendent determines oftlce days. It is the intention of 
the law tliat each county superintendent sliall determine the time neces- 
sary to be employed in the duties of liis office, and the division of labor to 
be made. Of course specific duties are required, such as making certain 
reports at times designated, visiting schools, and that he shall conform to 
the instructions from the superintendent of public instruction. But in gen- 
eral, he is to decide for himself, as indicated in his oath of office, what 
means will -best advance the work in his county. 

2, Office supplies furnished. The board of supervisors shall furnish the 
county superintendent with an office at the county seat, together with fuel, 
lights, blanks, books and stationery necessary and proper to enable him 
to discharge the duties of his office, but in no case shall such officer be per- 
mitted to occupy an office also occupied by a practicing attorney. Code, 
section 468. Report, attorney-general, 1906, page 261. 

3. Office stationery — what may be included. Attendance and classifica- 
tion registers, record books for school directors and secretaries, librarian's 
records for rural libraries, institute records, report cards, and packages 
of blanks for use of school officers in calling meetings and making reports 
were held to be necessary office stationery. See decision of Judge J. H. 
Applegate in case of Hammond & Stephens Co. vs. Dallas county, Dallas 
county district court. 

THE SYSTEM OP COMMON SCHOOLS. 

Sec. 2743. School districts — corporate powers. Each school dis- 
trict now existing shall continue a body politic as a school corporation, 
unless hereafter changed as provided by law, and as such may sue and 
be sued, hold property, and exercise all the powers granted by law, 
and shall have exclusive jurisdiction in all school matters over the 
territory therein contained. [C. '73, §§ 1713, 1716; R., §§ 2022, 2026; 
C. '51, § 1108.] 

Notes: 1. Boundaries. In boundaries, school townships usually coincide 
with civil townships. 41 Iowa, 30. 

2. Garnishee. Section 393 6 of the code provides that a municipal or po- 
litical corporation shall not be garnisheed. However, the corporation may 
waive exemption for this process. 25 Iowa, 315. 

3. All territory in some corporation. The policy of our law is, that the 
territory once organized for school purposes must always remain within 
some jurisdiction, and that it may not be detached from the jurisdiction to 
which it belongs without at the same time becoming a separate jurisdiction 
or a part of another jurisdiction for school purposes. 82 Iowa, 10. De- 
cisions, 49. 

4. General Powers. A school corporation may possess and exercise the 
following powers: (a) Those granted in express terms, (b) Those neces- 
sarily implied or necessarily incident to the powers expressly granted, (c) 
Those absolutely essential to the declared objects and purposes of the cor- 
poration. 25 Iowa, 163; 39 Iowa, 447; 52 Iowa, 193; and 19 Iowa, 199. 

5. Validity of school organization. Quo warranto, rather than certiorari, 
is the proper remedy to test the validity of the organization of a school 
district, and appeal to the superintendent is not the exclusive remedy. 
129 Iowa, 538. 

6. Unauthorized official acts — test of. Code, section 4313, authorizing 
a quo warranto proceeding to test the official and corporate rights does not 
preclude a school township from maintaining an action in equity in its 



SCHOOL LAWS OF IOWA 3S 

own name to enjoin persons, assuming without authority to act as officers 
of an independent district within the township, from interfering with the 
rights of the school township and also for an accounting, as the former pro- 
ceeding is for the protection of public interest and the latter to redress 
private wrongs. 122 Iowa, 602. 

7. Limit of contracts. While it is not essential that contracts made 
by the board be limited to the term of office of the individual members, 
yet it is evidently the legislative intention that contracts with teachers 
shall not be made for more than one year. BurJcJiead v. Independent 8ch. 
Dist., Iowa 107-29, 77 N. W. 491. This does not apply to City Superintendents. 

8. Action in equity* A school township may maintain an action in equity 
to enjoin persons from assuming without authority to act as officers of a 
district within such township. School Township v. Wiggins, Iowa 122-602, 

9. Property. While the district has power to hold property for any 
purpose for which property is authorized to be acquired by it, yet if it has 
by action of the board taken a conveyance of property for a new site and 
the action of the board in establishing such site is reversed on appeal to the 
county superintendent, the conveyance becomes invalid and inoperative with- 
out any action on the part of the board for rescission. Ind. School Dist. v. 
McGlure, Iowa 136-122, 113 N. W. 554. 

Sec. 2744. Names. District townships now existing shall hereafter 
be called school townships, subdivision of which shall be called sub- 
districts. School corporations shall be designated as follows : The school 
township of (naming civil township), in the county of (naming 
county), state of Iowa; or, the independent school district of (naming 
city, town or village, and if there are two or more districts therein, in- 
cluding some appropriate name or number), in the county of (naming 
county), state of Iowa; or, the rural independent school district of 
(some appropriate name or number), township of (naming township), 
in the county of (naming county), state of Iowa. [27 G. A., ch 91, § 
1; C. '73, § 1716; R., § 2026; C. '51, § 1108.] 

Notes: 1. Subdistrict not a corporation. A subdistrict is not a corpora- 
tion, and hence can neither hold property nor perform any corporate act. 
Decisions, 13. 

2. Use of corporate name. In suits, contracts and conveyances, the cor- 
porate name should be strictly observed. 

3. Change of name. At their annual meeting, the electors of any rural 
independent school district may vote by ballot to change the name of the 
district, and the board will be guided by this expressed wish. 

Sec. 2745. Directors. The affairs of each school corporation shall 
be conducted by a board of directors, the members of which in all inde- 
pendent school districts shall be chosen for a term of three years, and 
in all subdistricts of school townships for a term of one year. [26 G. 
A., ch. 40 ; 18 G. A., ch. 143 ; 17 G. A., ch. 113 ; 15 G. A., ch. 27 ; C. 
'73, § 1802; R., §§ 2099, 2100, 2106.] 

Notes: 1. Term begins. The terms of directors of independent city, 
town and villages and consolidated school corporations begin on the third 
Monday of March and of rural independent districts and school townships 
on the first day of July following their election. Sections 2757, 2758. 

2. Term when filling vacancies. A director "holding over," or elected or 
appointed to fill a vacancy, assumes the duties of the office within ten days 
[section 12 75, and, if "holding over," or appointed, serves until the next 
regular election (section 1276), or, if elected, for the remainder of the term 
(section 1277)]. 

8 



U SCHOOL LAWS OP lOWA 

3. Directors may not handle books. Section 2 834 clearly prohibits a 
school director from engaging, on his own account, in the sale of school 
books and supplies to pupils. 130 Iowa, 31. 

4. Management. The management of school affairs is left to the dis- 
cretion of the board of directors, and such discretion will not be interfered 
with by the courts so far as it is exercised within the scope of the powers 
conferred upon the board. Kinzer v. Independent School Dist., Iowa 129- 
441, 105 N. W. 686. 

5. ControL The board of directors being given exclusive control over 
the affairs of the school corporation subject to appeal to the county superin- 
tendent, an action of mandamus will lie to compel the board to comply with 
the orders of the superintendent in a matter to which the board has ex- 
clusive jurisdiction. State v. Thomas, Iowa 152-500, 132 N. W. 842. 

Sec. 2745-a. Duty of boards of school directors — fence. It shall be 
the duty of all boards of school directors in school districts where the 
schoolhouse site adjoins the cultivated or improved lands of another to 
build and maintain a lawful fence between said site and cultivated or 
improved lands. [27 G. A., ch. 88, § 1.] 

Notes: 1. Barbed wire. Barbed wire may not be used to fence a school 
site, nor for any fence or other purpose within ten feet of the site. Section 2817. 

2. -Lawful fence- For the specifications of a "lawful fence" see section 
2367 of the supplement to code 1913. 

3. "Tight" fence. A partition fence shall be made tight by the party 
desiring it. Section 2367 of the code. 

4. Fence viewers. The township trustees constitute the fence viewers 
for the purpose of determining matters in controversy. Section 23 67 of 
the code. 

5. Additional law. See section 27 73 code. 

Sec. 2745-b. Rights of owner of adjoining- lands. The owner of 
lands adjoining any schoolhouse site shall have the right to connect the 
fence on his lands with the fences around any schoolhouse site, but 
he shall not be liable to contribute to the maintenance of the fence 
around said site. [27 G. A., ch. 88, § 2.] 

Note: Barbed wire prohibited. Barbed wire may not be used to con- 
nect the fence of an adjoining land owner with the fence around a school 
site. Barbed wire may not be brought nearer than ten feet of the school 
premises. Section 2817. 

Sec. 2746. Annual meeting of corporation. A meeting of the voters 
of each school corporation shall be held annually on the second Monday 
in March for the transaction of the business thereof. Notice in writing 
of the place, day and hours during which the meeting will be in session, 
specifying the number of directors to be elected, and the terms thereof, 
and such propositions as will be submitted to and be determined by the 
voters, shall be posted by the secretary of the board in at least five 
public places in said corporation, for not less than ten days next pre- 
ceding the day of the meeting. The president and secretary of the 
board, with one of the directors shall act as judges of the election. If 
any judge of election is absent at the organization of the meeting the 
voters present shall appoint one of their number to act in his stead. 
The judges of election shall issue certificates to the directors elected. 
[19 G. A., ch. 51; 18 G. A., ch. 7, § 1 ; 18 G. A., ch. 63; C. '73, §§ 1717, 
1719; R., §§ 2027-8, 2031, 2033; C. '51, §§ 1111, 1114-15.] 



SCHOOL LAWS OF IOWA 35 

Notes: 1. But one day. The meeting cannot be adjourned to another 
day, and must be held at the time and in the manner directed by the law. 
Section 2746. 

2. Notice necessary. It is mandatory upon the secretary to give ten 
days' notice of the annual meeting of the school corporation and of such 
propositions as the board or the electors by petition, as provided in section 
2749, may desire to have submitted to the electors at that time. Failure" 
to do so will invalidate any action that may be taken by the electors at 
such meeting. 118 Iowa, 2 07. 

3. Secretary must be directed. The secretary cannot give legal notice 
of any proposition unless directed to do so by the board of directors. Mc- 
Nees et al vs. School Toivnship, East River, 133 Iowa, 120; Kinney vs. Howard, 
133 Iowa, 94; and Note 1, section 2829. 

4. Notice— kind. Not less than ten days' notice by posting in at least 
five public places must be given. Section 2746. But in school corporations 
having five thousand or more inhabitants, notice shall be posted in each 
precinct and published in a newspaper. Section 2754. 

5. Registration. In corporations of five thousand or more inhabitants, 
the board may provide for the registration of voters. Section 2755. 

6. Polls open. In corporations of five thousand or more inhabitants, the 
polls shall open at 9 a. m. Section 2 75 6. In all other corporations at 1 p. m. 

7. Duration. In corporations of five thousand or more inhabitants, the 
polls shall remain open until 7 p. m. Section 2 75 6. In independent city, 
town and village corporations of less than five thousand inhabitants they 
must remain open five hours and in rural and independent districts and 
school townships two hours. Section 2754. 

8. Official record. The secretary shall make a complete record of the 
transactions of each annual or special meeting of the electors. Section 2761. 
In the absence of a record the action taken may be shown by parol evidence. 
Kinney vs. Hoicard, 133 Iowa, 94. 

9. Poll book. A record of the names of all persons voting shall be kept 
by the secretary. Section 2761. 

10. By ballot. All elections by the people shall be by ballot. Constitution 
of Iowa, article 2, section 6. Directors of subdistricts shall be chosen by 
ballot. Section 2751. Members of the board in independent districts shall 
be chosen by ballot, section 2 754. Directors-at-large of school township 
is chosen in the same manner, section 2 752. All propositions must be voted 
upon by ballot, section 2749. 

11. Form of ballot, (a) As to candidates. The ballot should designate 
the term voted for in connection with the naihe of the candidate. Section 
2746. 

(h) As to propositions. The ballot must state each proposition for which 
notice has been given and shall provide an appropriate place in connection 
with each for the voter to express his wish. Section 2749. Decision, 99. 

(c) General rule. "It is a general rule that in submitting a question on 
issuing bonds, a substantial compliance with the statute is sufficient." Cala- 
han vs. Handsaker et al, 133 Iowa, 622, 22; Kinney vs. Hoivard, 133 Iowa, 94. 

12. Tie vote. A tie vote shall be publicly determined by lot before ad- 
journment under the direction of the judges. Section 27 54. 

13. Judges. In corporations of five thousand or more, the judges for 
each precinct shall, where possible, consist of a member of the board and 
two voters of the precinct (section 2756). In all other corporations (a 
subdistrict is not a corporation), the judges shall consist of the president, 
the secretary and a member of the board. Sections 2746, 2756. 

14. Failure of judges to serve. In case any judge is absent, the electors 
present at the opening of the polls shall fill the vacancy from among their 
number. Section 2746. 



36 SCHOOL LAWS OF IOWA 

15. Compensation of judges and registrars. In corporations of five thou- 
sand or more, persons (not members of the hoard) appointed by the board 
to serve as judges and those appointed as registrars may receive compensa- 
tion for their services. Section 2755. Attorney-general, report 1904; page 
298. 

16. Members receive no compensation as judges. Section 2780. 

17. Biennial amendment — effect of. The provisions of the biennial amend- 
ment do not apply to school and municipal elections. 127 Iowa, 181. 

18. Qualtfications^ — electors. See section 2 747. 
School officers. See section 2 74 8. 

19. Powers of electors. See sections 2749, 2750, 2812-d, 2836, 2837. 

20. Special elections. See sections 2750, 2763-a to 2763-c. 

21. Regular election. See sections 2749, 2754, 2755, 2756. 

22. Term of director — beginning— duration. See section 2745. 
2 3. When qualify. See section 2 75 8. 

24. Duty. The law presumes that the officer charged with the posting 
of the notices has performed his duty. Calahan v. Handsaker, 133-622, 111 
N. W. 2 2. 

25. Number of notices. Where it was proposed, under section 2794, 
Code Supp. 1913, to consolidate the territory or parts of territory of several 
subdistricts — some nine tracts in all — into an independent school district, 
held, that the posting of five notices within the territory of the said nine 
tracts was sufficient. To hold that the statute required the posting of five 
notices in each subdistrict, or part thereof, would in effect be a judicial 
amendment to the statute. Scofield v. Ferguson, 151 N. W. 497. Townsend v. 
Garrett, 152 N. W. 565. 

2 6. Time of posting notices. Notices posted March 18th, for a meeting on 
March 28th complies with this section. Consolidated School Dist. v. Martin, 
152 N. W. 623. 

Sec. 2747. Electors. To have the right to vote at a school meeting 
a person must have the same qualifications as for voting at a general 
election, and must be at the time an actual resident of the corporation 
or subdistrict. In any election hereafter held in any school corpora- 
tion for the purpose of issuing bonds for school purposes or for in- 
creasing the tax levy, the right of any citizen to vote shall not be 
denied or abridged on account of sex, and woman may vote at such 
elections the same as men, under the same restrictions and qualifica- 
tions so far as applicable. "[25 G. A., ch. 39.] 

Notes: 1. Qnalification of electors. To be entitled to the rights of 
suffrage, a person must be a male citizen of the United States, twenty-one years 
of age. a resident of the state six months next preceding the election, and of 
the county sixty days. Constitution, article 2, section 1. 69 Iowa, 368, and 75 
Iowa, 220. He must be a legal resident of the corporation and subdistrict, also. 

2. Naturalization must be completed. The declaration of intention by 
one who expects to become fully naturalized, does not entitle such person 
to vote. In some states this is a fact, but in Iowa what is called second 
papers must be taken out; that is, an elector must be either native born, or a 
naturalized citizen, must be a male, and not disfranchised in any way men- 
tioned by the law. 

3. Citizen. All persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof, are citizens of the United States and of the 
state wherein they reside. Constitution United States, amendment XIV. See 
page 27, code 1897. 



SCHOOL LAWS OF IOWA 37 

4. Resldence-^voting. The precinct in which an unmarried man rooms 
and sleeps, rather than the one in which he takes his meals, will determine the 
question of his residence with respect to the right to vote. 129 Iowa, 122. 

5. Kesidence — three rules. (1) Must have residence somewhere. (2) 
Residence established remains until a new one is acquired. (3) Can have but 
one legal residence. 129 Iowa, 122. 

6. Residence^tlie vital question. The vital inquiry then in determining 
the residence of a person always is, where is his home, the home where he 
lives and to which he intends to return when absent or when sick, or when his 
present engagement ends. 129 Iowa, 122. 

7. Women voting. The law confers upon women the right to vote upon 
only the matters distinctly mentioned. They may vote upon propositions to 
issue bonds and levy schoolhouse taxes. Kinney v. Howard, 133 Iowa, 94. 

8. Separate ballot box. A separate ballot box must be provided for the 
ballots cast by women, and a separate canvass made of their votes. Code, sec- 
tion 1131. 

9. Registration. Registration is necessary in school corporations of five 
thousand or more inhabitants. Section 2755 and attorney general, report 1906, 
page 174. 

Sec. 2748. Officers — qualifications. A school officer or member of 
the board may be of either sex, and must at the time of election or 
appointment be a citizen and a resident of the corporation or sub- 
district, and over twenty-one years of age, and, if a man, he must be a 
qualified voter of the corporation or subdistrict. [16 G. A., ch. 136.] 

Notes: 1. Sex not a bar. No person shall be deemed ineligible by rea- 
son of sex, to the office of director, secretary, treasurer, truant officer or county 
superintendent. Sections 2748 and 2734-b. 

2. Residence essential. Only a resident may be elected to a school office. 
Section 2748. Removal from the corporation or subdistrict creates a vacancy, 
Section 1266, paragraph 3. 

3. De facto officers. In the absence of any color of election or appoint- 
ment a party to be treated as a de facto officer must have served under such 
circumstances of reputation or acquiescence as would induce the public to 
believe without inquiry that he was in fact such officer. 129 Iowa, 406. 

4. De facto officers — test of title. See Vette vs. Byington, 109 N. W., 1073. 

5. Powers of school officers. School officers have only such powers as 
are conferred by statute and when the conditions under which these are to be 
exercised are clearly defined they cannot be ignored. 110 Iowa, 652. 

6. De facto officers — legality of acts. The acts of officers acting under 
color of election or appointment, and in good faith, are valid. 101 Iowa, 382. 
See also note 8, section 2771. 

Sec. 2749. Powers. The voters assembled at the annual meeting 
shall have power: 

1. To direct a change of text-books regularly adopted; 

2. To direct the sale or make other disposition of any schoolhouse 
or site or other property belonging to the corporation, and the applica- 
tion to be made of the proceeds of such sale ; 

3. To determine upon added branches that shall be taught, but in- 
struction in all branches except foreign languages shall be in English; 

4. To instruct the board that school buildings may or may not be 
used for meetings of public interest; 

5. To direct the transfer of any surplus in the schoolhouse fund to 
the teachers' or contingent fund; 

6. To authorize the board to obtain, at the expense of the corpora- 
tion, roads for proper access to its schoolhouses ; 



38 SCHOOL LAWS OF IOWA 

7. To vote a schoolhouse tax, not exceeding ten mills on the dollar 
in any one year, for the purchase of grounds, construction of school- 
houses, the payment of debts contracted for the erection of school - 
houses, not including interest on bonds, procuring libraries for and 
opening roads to schoolhouses. 

The board may, or, ' upon the written request of five voters of any 
rural independent district, or of ten voters of any school township, or 
of twenty-five voters of any city or town independent district having a 
population of five thousand or less, or of fifty voters of any other city 
or town independent district, shall, provide in the notice for the annual 
meeting for submitting any proposition authorized by law to the voters. 
All propositions shall be voted upon by ballot in substantially the fol- 
lowing form: "Shall a change of text-books be directed?" (or other 
questions as the case may be) ; and the voter shall designate his vote 
by writing the word "yes" or "no" in an appropriate place on the 
ballot. [21 G. A., ch. 131, § 1 ; 19 G. A., ch. 51 ; 18 G. A., ch. 63 ; C. '73, 
§§ 1717, 1807; R., §§ 2027-8, 2033; C. '51, §§ 1114, 1115.] 

Notes: 1. Additional powers, (a) To vote on a proposition for county 
uniformity of text-books. Section 2831. 

(b) To authorize the board to purchase text-books to be loaned to the pupils. 
Section 2836. 

(c) To authorize the board to issue school building bonds. Section 2812-d. 

2. Limitation of powers. The voters have only such powers as are con- 
ferred by the statute, either expressly or by reasonable implication. Section 
2743. 110 Iowa, 652. 

3. Disposition of school property. The voters of any district when as- 
sembled at their annual meeting may direct that a schoolhouse or the school- 
house grounds not needed for public school purposes may be sold, rented, 
leased, or the use thereof granted, for any purpose that will not interfere with 
the subsequent use or value of such schoolhouse property for public school 
purposes. Section 2749. 

4. By ballot. Special attention is called to the fact that under the pres- 
ent law all propositions before the electors at their annual meeting must be 
voted upon by ballot. See last paragraph, section 2749. 

5. Sale must be directed. Schoolhouses cannot be sold without previous 
direction of the voters, but their action in voting a tax for the erection of a 
new schoolhouse on the old site gives the board authority to remove the old 
house. Paragraph 2, section 2749. See also 110 Iowa, 652. 

6. Loaning funds. The voters have no authority to instruct the board 
to loan money belonging to the district, nor to order money invested in gov- 
ernment bonds. See note 2, ante. 

7. Vested right. The general statement is that when an amount has 
been voted for a specific purpose, the parties directly interested thereby ac- 
quire a vested right in such money appropriated, of which they may not be 
deprived, even by the voters. 50' Iowa, 648; 100 Iowa, 317. 

8. Transfer. The only change of money from one fund to another pos- 
sible under the law is the transfer of surplus schoolhouse funds to either 
of the other funds. Paragraph 5, section 2749. 

9. Added branches. If the voters direct that any additional branches 
shall be taught in one or all of the schools, their action is mandatory, and 
the board is bound to endeavor in good faith to fulfill such wish. 44 Iowa, 564. 

10. Course of study. The voters may not limit nor restrict the board 
to the adoption of a course of study including only such branches as the 



SCHOOL LAWS OF IOWA 39 

voters may name. Nor may the voters direct that a particular branch, or 
branches, shall not be taught. It is the province of the board to decide 
what branches besides those named by the voters shall be included in the 
course of study and taught in the schools. Section 2772. 

11. Voters may not prohibit. The voters have no power to prohibit any 
branch being taught, if introduced by the board, neither has the board power 
to prevent the teaching of any study which the voters have directed shall be 
taught. 44 Iowa, 564. Section 2772. 

12. Schoolhouse taxes. All schoolhouse taxes must he voted by the voters 
of the corporation, or the subdistrict; this power cannot be delegated to 
the board. For exceptions see section 2806, note 3; sections 2811 and 2813. 

13. Sum necessary. The specific sum of money deemed necessary, and 
not a certain number of mills on the dollar, should be voted, except when a 
district lies in two counties. The per centum necessary to raise this sum is 
determined by the board of supervisors. Section 2806. 

14. Taxes to be voted by electors. The power to vote schoolhouse taxes 
or school building bonds for the purchase of sites, erection and repair of 
schoolhouses, and the payment of debts contracted therefor belongs exclu- 
sively to the voters. The sums necessary for the teachers' and contingent 
funds are determined by the board. Amounts necessary to pay on judg- 
ments and bonds may be voted by the electors or estimated by the board. 
Sections 2749, 2806 and note 3, 2813. 

15. Compelling board to act. Failing to carry out instructions from this 
meeting, the board may be compelled by mandamus to show reason why the 
expressed wish of the voters has not been complied with. Section 2778; de- 
cisions, 20; 50 Iowa, 648. 

16. Suggestive action. A vote upon matters which by the law are to be 
determined by the board, is not binding upon the board, but is only sug- 
gestive. In such matters, the board will still be left free to exercise the dis- 
cretion vested in it by the law. Note 4, section 2743. 

17. JNotice necessary. In order that action may be taken at the annual 
meeting of the school corporation, it is essential that notice shall be given, 
as provided in section 2746, that such a matter will be presented at the 
meeting. When assembled, the voters have power to act only upon such of the 
powers conferred as have been incorporated in the notice for the meeting. 
Section 2746; 118 Iowa, 207; decision, 99. 

18. Subdistricts claim. A subdistrict has no legal claim upon school- 
house property, although in equity a tax voted to build in a certain sub- 
district must be expended as voted, and when a schoolhouse has been built 
or repaired from schoolhouse funds raised upon that subdistrict alone, even 
the voters should recognize the vested right of the subdistrict to retain such 
property and to enjoy its use. 50 Iowa, 648. 

19. Removal from subdistrict. If it is desired to move the schoolhouse 
out of the subdistrict the voters of the school township must first so order at 
the annual meeting . Decision, 15; paragraph 2, section 2749. 

20. Jurisdiction of covirt. It is the exclusive province of the courts to 
determine questions with relation to any vote at a school meeting, or with 
relation to the choice of members of the board or of officers of the board. 
Notes 10 to 13 inclusive, to section 2758. 129 Iowa, 441. 

21. Koads. See sections 2815, 2750, 2773. 

22. Text-books — Cliange of. Sections 2749, 2829. 

23. Original indebtedness. Original indebtedness may not be created ex- 
cept by vote of the electors. Section 2823. 

24. Limit of indebtedness- See section 1306-b, and 2 820-d2. 

2 5. Each preliminary step not necessary. It is not necessary that the 
ballot contain a recital of every preliminary step necessary to render the 
election valid. Calahan v. Handsaker,- 133 Iowa 622, 111 N. W. 22. 

2 6. Statutory compliance necessary. No specific form of ballot is pre- 
scribed; all that is necessary is that the ballot fairly and intelligently present 
the question that is to be voted upon. A substantial compliance with the 



40 SCHOOL LAWS OF IOWA 

statute is sufficient. So held where the question was as to the validity of bonds 
issued on a vote of the electors. Ibid. 

27. Electors may rescind tax. The electors of a district township hav- 
ing the power to vote a tax may rescind such vote unless, by so doing; they 
interfere with vested rights; and held that where the board and its officers^ 
had failed to certify a schoolhouse tax for collection, and the persons desiring 
to secure the schoolhouse for which the tax was levied had no interest except 
the right to bring action to compel the certification of the tax, they had no such 
vested interest as to authorize them to object to the rescission of the tax. 
Hibhs V. Board of Directors, 110 Iowa 306, 81 N. W. 584. 

28. Tax enforceable against new territory. A schoolhouse tax voted by 
the electors at their regular meeting is enforceable against property which is 
brought into the school district by extension of its limits prior to the levy 
of such tax, although at the time the tax was voted the owner was not a 
resident and could not participate in the election, and notwithstanding the 
fact that the tax had been certified to the county board for levy before such 
annexation took place. Grout v. IlUngworth, 131 Iowa 281, 108 N. W. 528. 

29. Submission discretionary. In the absence of a written request for 
the submission at the annual meeting of any proposition authorized by law, it 
is discretionary with the board to provide in the notice of the meeting for such 
proposition to be submitted. Kirchner v. Board of Directors, 141 Iowa 43, 118 
N. W. 51. 

30. Vote excess funds. Electors may vote a fund for the erection of a 
schoolhouse in excess of the amount that can be realized by the statutory levy 
and in such case the board of supervisors should make the legal levy notwith- 
standing the excessive amount voted by the electors. The vote of the electors 
in such case is not void although larger in amount than can be legally levied 
in any one year. IMd. 

31. Electors may direct sale. The taxpayers have no sujch vested right 
in a schoolhouse built in accordance with the vote of the electors as to justify 
a court of equity in enjoining the sale thereof as ordered at an annual meeting 
or a special meeting duly called. Barclay v. School Township, 157 Iowa 181, 
138 N. W. 395. 

Sec. 2750. Special meeting. The board of directors may call a spe- 
cial meeting of the voters of any school corporation by giving notice in 
the same manner as for the annual meeting, which shall have the powers 
given to a regular meeting with reference to the sale of school property 
and the application to be made of the proceeds, and to vote a school- 
house tax for the purchase of a site and the construction of a necessary 
schoolhouse, and for obtaining roads thereto. [28 G. A., ch. 104, § 1; 24 
G. A., ch. 21 ; 18 G. A., ch. 84.] 

Notes: 1. Submission optional. The submission of a proposition to a 
special meeting, even though requested by the electors, is discretionary with 
the board and its action will not be interfered with by mandamus. Kirchner 
V. Board of Directors, 141 Iowa 43, 118 N. W. 51. 

2. Special notice. The provision as to notice of special meetings of the 
board contemplates some form of specific personal notice on each member. It 
does not authorize the mailing of such notice. Personal delivery of some 
form of notice is required. On failure to give proper notice to a member, a 
special meeting of the board is not lawfully called and it cannot lawfully act. 
Barclay v. School Township, 157 Iowa 181, 138 N. W. 395. 

3. Additional powers. To authorize the board of directors to issue school 
building bonds. Section 2812-d. 

4. Additional indebtedness. Bonds may be voted under section 2820-a to 
2820-e only at a special meeting called for that purpose. 

5. Number of special meetings. The law does not limit the number of 
special meetings that may be called. Section 2750, 



SCHOOL LAWS OP IOWA 41 

Sec. 2751. Subdistrict meeting. The meeting of the voters of each 
subdistrict of a school township shall be held annually on the first Mon- 
day in March, and shall not organize earlier than nine o'clock a. m., 
nor adjourn before twelve o'clock m. Notice in writing of the time 
and place of such meeting and the amount of schoolhouse tax to be 
voted shall be given by its director, or if there is none by the school 
township secretary, by posting in three public places in the subdistrict 
for five days next preceding the same. The voters shall select a chair- 
man and secretary of the meeting who shall act as judges of election, 
and shall also elect a director for the subdistrict by ballot. The vote 
shall be canvassed by the judges of election, and the person receiving 
the highest vote shall be declared elected. [22 G. A., ch. 51; 18 G. A., 
eh. 7, § 1; C. '73, §§ 1718-19, 1789; R., §§ 2030-1; C. '51, § 1111.] 

Notes: 1. Purpose of the law. The object is to prevent a few design, 
ing persons from meeting at an unusual hour, dispatching the business with 
unseemly haste, and adjourning before many of the electors arrive. The 
meeting should be conducted with entire fairness, and an opportunity given 
for an expression of the real sentiment of the subdistrict. 

2. JNotice. At least five days' notice shall be given by posting in at least 
three places in the district. Section 2751. If a special schoolhouse tax is to 
be voted on the property of the subdistrict, ten days' notice must be given. 
Section 2753. In case there is no director the above notice must be giyen by 
the secretary of the school township. The notice should designate the hour 
of meeting, which cannot be earlier than 9 o'clock a. m., and the hour of clos- 
ing, which shall not be later than 12 m. Section 2751. 

3. Duration of meeting. While this section does not in terms specify the 
length of time during which a subdistrict meeting should remain in session, 
section 2754 provides that in rural independent districts the polls must 
remain open not less than two hours. For obvious reasons a subdistrict 
meeting should continue in session at least the same length of time. The 
voters of the subdistrict should be given a reasonable opportunity to partici- 
pate in the meeting. 37 Iowa, 131; 39 Iowa, 380. 

4. In case of controversy If subdistrict boundaries are in controversy by 
way of appeal, the election for directors should be made on the basis of the 
status of the subdistricts on the day of election. 

5. Organization. A chairman and secretary shall be chosen from among 
the voters present. Section 2751. 

6. Judges not qualify. The chairman and the secretary are not required 
to qualify. 

7. Judges' vote. A judge of election is entitled to his vote the same as 
any other elector. 

8. Who may not vote. No minor, non-resident, nor alien can take part in 
a meeting of voters. Section 2747. 

9. No caucus. If the voters desire to hold a caucus, it should be done 
before the subdistrict meeting is called to order. After organization but one 
lawful ballot can be taken, therefore no informal ballot can be taken. 

10. Tie vote, A tie vote for any elective school office shall be publicly 
determined by lot forthwith, under the direction of the judges. Section 2754. 
This applies to all school elections. If more than two persons have each an 
equal number of votes, the same rule will apply. No second ballot may be 
taken. Such cases should not be taken to the school board, but should be 
settled at the meeting of electors before adjournment. 

11. One baUot. Only one ballot may be taken for the election of director, 
and the person receiving the greatest number of votes is elected, even though 
he has not received a majority of all the votes cast. Section 2761. 



42 SCHOOL LAWS OF IOWA 

12. Eligibility. A member or officer of the board must have the qualifi- 
cations of an elector, if a male, but no person is ineligible to any school office 
by reason of sex. Section 2748. 

13. Special schoolliouse tax. The subdistricts may vote an additional 
tax for schoolhouse purposes and the secretary of the subdistrict meeting shall 
certify the same to the secretary of the school township who shall certify it 
to the board of supervisors. Section 2753. 

14. A vote of the subdistrict not notice. A vote of the electors at a sub- 
district meeting is not legal notice that such proposition will come before the 
electors at the school township meeting as contemplated in sections 2746 and 
2749. 

15. Tax provision legaL The provision with reference to additional taxes 
voted by electors of subdistricts for schoolhouse purposes, held, to give implied 
authority to vote such taxes, although the power was not elsewhere expressly 
conferred. 69 Iowa, 533. 

16. Tenn of €tirector of subdistrict — beginning— dui*ation. See sections 
2745 and 2757. 

17. When to qualify. See section 2758. 

18. Special subdistrict meeting. See section 27 53. 

19. Funds — classification of. See section 27 68. 

20. Electors — qualifications of. See section 2 747. 

21. Subdistrict lines — voting — taxes. Subdistrict lines determine who 
may vote at a subdistrict meeting and also fixes the limit of taxation, when 
a schoolhouse tax is voted upon the subdistrict. Sections 2747, 2753. 

Sec. 2752. Number of directors. The board of directors of a school 
township shall be composed of one director from each subdistrict. But 
when there is an even number of subdistricts another director shall be 
elected at large by all the voters of the school township. When the 
school township is not divided into subdistricts, a board of three di- 
rectors shall be elected at large, on the second Monday in March, by 
all the voters of the school township. [27 G. A., ch. 92, § 1 ; 15 G. A., 
ch. 27; C. '73, §§ 1720-1; R., §§ 2031, 2035, 2075-6; C. '51, §§ 1112, 
1721.] 

Notes: 1. Number of members. The board of a school township cannot 
consist of less than three members. When there is an even number of 
subdistricts one director at large must be elected on the second Monday of 
March by all the voters of the school township. 

2. Power of director-at-large. The director-at-large has the right to vote 
upon all questions before the board the same as any other member. 

3. Independent district townships- In school townships that organized 
as independent district townships under section 1814, code of 1873, the board 
consists of five members. See section 1814, code of 1873, 15 G. A., ch. 27, sec. 
2754. 

4. Other corporations — number of directors. See section 2 754. 

Sec. 2753. Special schoolhouse tax. At the annual subdistrict meet- 
ing, or at a special meeting called for that purpose, the voters may vote 
to raise a greater amount of schoolhouse tax than that voted by the 
voters of the school township, ten days' previous notice having been 
given, but the amount so voted, including the amount voted by the 
school township, shall not exceed in the aggi*egate the sum of fifteen 
mills on the dollar. The sum thus voted shall be certified forthwith 
by the secretary of said subdistrict meeting to the secretary of the 
school township, and shall be levied by the board of supervisors only 
on the property within the subdistrict. [C. '73, § 1778; R., §§ 2033-4, 
2037, 2088.] 



SCHOOL LAWS OF IOWA 43 

Notes: 1. Tax certified. The vote should be certified to the secretary of 
the school township forthwith. 

2. Vote of subdistrict meeting not notice. A vote of the subdistrict meet- 
ing is not legal notice that such proposition will come before the electors at 
the school township meeting as contemplated in sections 2746 and 2749. 118 
Iowa, 207. 

3. Levy of subdistrict tax. Taxes voted at a subdistrict meeting shall be 
levied only on the property in the subdistrict. Section 2573. Such action 
is not notice that the proposition will be submitted at the regular meeting. 
Sections 2746 and 2749; see note 14, section 2751. 

4. Othei- meetings. Regular subdistrict meeting, section 2751; regular 
meeting of corporation, sections 2746, 2749, 2754, 2755, 2756; special meet- 
ing of corporation, section 2750'. 

Sec. 2754. Elections in independent districts — tie vote — nomination 
— ballot. At the annual meeting in all independent districts members 
of the board shall be chosen by ballot. In any district including all or 
part of a city of the first class, or a city under special charter, the 
board shall consist of seven members, three of whom shall be chosen on 
the second Monday in March, 1898, two on the second Monday in March, 
1899, and two on the second Monday in March, 1900. In all other inde- 
pendent city, town or village districts, and in all rural independent 
districts the board shall consist of three members, one of whom shall 
consist of five members, one of whom shall be chosen on the second Mon- 
day in March, 1898, two on the second Monday in March, 1899, and 
two on the second Monday in March, 1900. In all independent city, 
town, or village districts where the board now consists of three members 
such board shall hereafter consist of five members, three of whom shall 
be elected on the second Monday in March, 1898, one for one year, one 
for two years, and one for three years. In all other rural independent 
districts the board shall consist of three members, one of whom shall 
be chosen on the second Monday in March, 1898, and one each year 
thereafter. In districts composed in whole or in part of cities or towns, 
a treasurer shall be chosen in like manner, whose term shall begin on 
the first day of July, unless that date falls on Sunday, in which case, on 
the day following, and continue for two years, or until his successor 
is elected and qualified. The term of oifice of the incumbent treas- 
urer in said districts shall expire on the third Monday in March, 1898. 
In such districts the polls must remain open not less than five hours 
and in rural independent districts and school townships not less than 
two hours. In each case the polls shall open at one o'clock p. m., ex- 
cept as provided in section twenty-seven hundred and fifty-six of this 
chapter. A tie vote for any elective school office shall be publicly de- 
termined by lot forthwith, under the directions of the judges. 

The names of all persons nominated as candidates for office in all 
independent city or town districts shall be filed with the secretary of 
the school board not later than seven days previous to the day on which 
the annual school election is to be held, each candidate to be nominated 
by a petition signed by not less than ten qualified electors of the district. 
The secretary of the school board shall cause to be printed, ballots upon 
which shall appear in alphabetical order the names of all candidates 



44 SCHOOL LAWS OF IOWA 

for each office, filed as herein provided, and a blank line for each such 
officer to be elected, and there shall be at the left of each name and each 
blank line a square and there shall also be a direction to the voter as to 
the number of candidates to be voted for at said school election. Bal- 
lots shall be printed upon plain substantial paper of uniform quality 
and shall have no party designation or mark whatever. The secretary 
of the board shall cause to be delivered at the several polling places a 
sufficient number of ballots. In all other respects the said school elec- 
tion in independent city or town districts shall be conducted under the 
general election laws of the state of Iowa, so far as same may be ap- 
plicable. [35 G. A., ch. 245, § 1; 31 G. A., ch. 136, § 2; 27 G. A., ch. 
93, § 1; 27 G. A., ch. 91, § 2; 22 G. A., ch. 51; 18 G. A., ch. 7, § 2; C. 
73, §§ 1789, 1808.] 

Notes: 1. No change of date. Any election by the people must be held 
on the day designated, and can neither be postponed nor adjourned to an- 
other day, and the officers voted for by the people must be elected by a single 
ballot. 

2. Caucus — informal ballot. The practice of taking an informal ballot 
for the purpose of placing persons in nomination would render the election 
illegal. Such nomination should be made outside the meeting, or at least 
before the meeting is organized. 

3. Form of ballot. In all cases, the ballot should state the term voted 
for, in connection with the name of the person. It should state all proposi- 
tions to be voted upon. Sections 2746 and 2749. 

4. Vacancies. All vacancies should also be filled by election, and the 
ballot should designate the vacancy to be filled, and the person so elected 
holds for the remainder of the unexpired term. Sections 2758 and 2771. 

5. Membership of boards. All districts comprising cities of the first 
class and those under special charter have seven directors. In all other 
city, town or village districts, and in the rural independent districts which 
formerly had six members the board now consists of five members. In all 
other rural independent districts the board consists of three members. Sec- 
tion 2754. For school townships, see section 2752. 

6. Treasurer. In districts composed in whole or in part of cities or 
towns, the treasurer must be elected by the people for the term of two years. 
This does not apply to village districts. In these and in all other districts, 
except those specified above, this officer is elected by the board. Sections 2754 
and 2757. 

7. Tie vote. A tie vote for any elective school office must be publicly de- 
termined by lot forthwith, under the direction of the judges. This applies to 
all school elections. If more than two persons have each an equal number of 
votes, the same rule will apply. No second ballot may be taken. Section 2754. 

8. Polls open. In corporations of five thousand or more, the polls shall 
open at nine o'clock a. m. (section 2756), and in all other corporations at 
one p. m. Sections 2754 and 2756. 

9. Polls close. In corporations of five thousand or more, the polls shall 
not close earlier than seven o'clock p. m. (section 2756); in other inde- 
pendent city, town or village districts they shall remain open at least five 
hours; and in rural independent districts and school townships, two hours. 
Sections 2754 and 2756. 

10. Judges. In corporations of five thousand or more, the judges for 
each precinct shall consist of a member of the board and two voters of the 
precinct (section 2756); in all other corporations the judges shall consist of 
the president, the secretary and one member of the board. In case any judge 
is absent the electors present at the time the polls open shall fill the vacancy. 
Sections 2754 and 2756. 



SCHOOL LAWS OF IOWA 45 

11. Qualifications of electors. See section 2747. 

-12. Ke^nlar meeting — notice, etc. See section 2 746. 

13. Powers of electors. See sections 27 49 and 2750. 

14. Special election. See section 2 750. 

15. Booths. The law requires the use of voting booths at school elec- 
tions in cities and towns. Attorney General. 

16. Oflacial ballot. The official ballot described in this section is the only 
one that may be lawfully used in the elections for which it was provided. At- 
torney General. 

Sec. 2755. Election precincts — register of voters — notice. Each 
school corporation having five thousand or more inhabitants may be 
divided into such number of precincts as the board of directors shall 
determine, in each of which a poll shall be held at a convenient place, 
fixed by the board of directors, for the reception of the ballots of voters 
residing in such precinct. A separate register of the voters of each 
precinct shall be prepared by the board from the register of the electors 
of any city included within such school corporation, and for that pur- 
pose a copy of such register of electors shall be furnished by the clerk 
of the city to the board of directors. Before each annual meeting 
these registers shall be revised and corrected by comparison with the 
last register of elections of such cities, and shall have the same force 
and effect at school meetings held under this section, in respect to the 
reception of votes thereat, as the register of election has by law at 
general elections. The board of directors of such school corporation, 
on or before the last Monday preceding such election shall appoint two 
suitable persons to be registrars! in each of the election precincts of 
such school corporation for the registration of voters therein, who 
shall have the same qualifications as registrars appointed for general 
elections and shall qualify in the same manner, and receive the same 
compensation to be paid by the school corporation. The registrars 
shall meet on the day of election at the voting place in the precinct 
in which they have been appointed and shall hold continuous session 
from nine o'clock in the forenoon until seven o'clock in the afternoon. 
Any person claiming to be a voter, and who is not already registered 
in the proper precinct, may appear before them in the election precinct 
where he claims he is entitled to vote and make and subscribe under 
oath a statement in the registry book, which oath and statement shall 
be of the same general character as that prescribed by section one 
thousand and seventy-seven (1077) of the code, and shall thereupon 
be granted a certificate of registration. Nothing in this section shall 
be construed to prohibit women from voting at all elections at which 
they are entitled to vote. The secretary must post a notice of the 
meeting in a public place in each precinct at least ten days before the 
meeting, and by publication once each week for two consecutive weeks 
preceding the same in some newspaper published in the corporation, 
such notice to state the time, respective voting precincts and the polling 
place in each precinct, and also to specify what questions authorized 
by law, in addition to the election of director or directors, shall be 
voted upon and determined by the voters of the several precincts. [31 
G. A., ch. 9, § 3; 29 G. A., ch. 125, §§ 1, 2; 28 G. A., ch. 105, § 1; 18 
G. A., ch. 8, §§ 1-4.] 



46 SCHOOL LAWS OF IOWA 

Notes: 1. Registration maBdatory. If precincts have been established 
registration is required in school corporations having five thousand or more in- 
habitants. 

2. Registrars — compensation. Registrars and judges of election who are 
not members of the board may receive compensation for their services. Sec- 
tion 2755 and attorney-general, 1904, page 298. 

3. Compensation of directors. Members of the board may not receive 
compensation as judges of election. Section 2780. 

4. CJonducting election — notices — duration. In cities of five thousand or 
more see section 2756. In other corporations, sections 2746 and 2754. In 
subdistricts, section 2751. 

Sec. 2756. Conduct of elections. As judges of the election referred 
to in the preceding section, the board shall appoint three voters of the 
precinct, one of whom shall act as clerk, who shall be sworn as provided 
in ease of a general election. Such judges may or may not be members 
of the board, as the board may determine, provided that not more than 
one member of the school board shall act as such judge at any one 
voting precinct. If any person so appointed fails to attend, the judge 
or judges attending shall fill the place by the appointment of any voter 
present, and like action shall follow a refusal to serve or to be sworn. 
Should all of the appointees fail to attend, their places shall be filled by 
the voters from those in attendance. The board shall provide the neces- 
sary ballot box and poll book for each precinct, and the judges shall 
make and certify a return to the secretary of the corporation of the can- 
vass of the votes for office and upon each question submitted. On the 
next Monday after the meeting the board shall canvass the returns made 
to the secretary, ascertain the result of the voting with regard to every 
matter voted upon, declare the same, cause a record to be made thereof, 
and at once issue a certificate to each person elected. At all meetings 
held under this and the next preceding section, the polls shall be kept 
open from nine o'clock a. m. until seven o'clock p. m. [35 G. A., ch. 245, 
§2;18G. A., ch. 8, §§5,6.] 

Notes: 1. Compensation of judges. Judges who are not members of the 
board may receive compensation. Attorney-general, 1904, page 298. 

2. Polls. Open at 9 o'clock a. m.; remain open until 7 o'clock p. m. Sec- 
tion 2756. For other corporations, see section 2754. For subdistricts, sec- 
tion 2751. 

BOARD OF DIRECTORS— ORGANIZATION— OFFICERS — POWERS 

Sec. 2757. Meetings of directors: — election of officers. The board of 
directors of all independent city, town and village corporations, school 
townships maintaining school or schools with high school departments, 
and consolidated independent school districts shall organize on the third 
Monday in March, and those of all other school corporations on the first 
day of July, unless that date falls on Sunday, in which case on the day 
following. Such organizations shall be effected by the election of a 
president from the members of the board, who shall be entitled to vote 
as a member. Such special meetings may be held as may be determined 
by the board, or called by the president, or by the secretary upon the 
written request of a majority of the members of the board, upon notice 
specifying the time and place, delivered to each member in person, but 



SCHOOL LAWS OF IOWA 47 

attendance shall be a waiver of notice. Such meetings shall be held at 
any place within the civil township in which the corporation is situated. 

On the first day of July, unless that date falls on Sunday, in which 
case on the day following, the board of all independent city, town and 
village corporations and the retiring board in all other school corpor- 
ations shall meet, examine the books of, and settle with the secretary 
and treasurer for the year ending on the thirtieth day of June pre- 
ceding, and for the transaction of such other business as may properly 
come before it. On the same day the board of each independent city, 
town and village corporation, except as provided in section twenty- 
seven hundred fifty-four (2754) of this chapter, and the new board 
of every other school corporation, shall elect from outside the board 
a secretary and treasurer, but in independent districts no teacher or 
other employee of the board shall be eligible as secretary. All officers 
shall be elected by ballot and the vote shall be recorded by the secre- 
tary. Should the secretary or treasurer fail to report as provided in 
sections twenty-seven hundred sixty-five (2765) and twenty-seven hun- 
dred sixty-nine (2769) of this chapter, it shall be the duty of the new 
board to take anv action necessary to secure a proper settlement. [36 
G. A., S. F. 156,"^ 1; 31 G. A., ch. 136, § 3 ; 18 G. A., ch. 176; 15 G. A., 
ch. 27; C. '73, §§ 1721-2; R., §§ 2035-6, 2076; C. '51, § 1121.] 

Notes: 1. Settlement, It is suggested that the retiring board in all 
rural corporations meet in the morning of tlie day for the July meeting to 
settle with the secretary and treasurer and to close up the business for the 
year. It will be necessary for the retiring board to complete its business in 
time for the new board to organize and transact its business. 

2. Organization. The new board should organize immediately thereafter, 
elect successors to the retiring secretary and treasurer and transact such 
other business as may come before it. 

3. Adjourned meeting. If a quorum be not present, the members pres- 
ent should effect a temporary organization (section 2772) and appoint a date 
and place for an adjourned meeting, at which time a permanent organization 
may be effected and the business of the annual meeting completed. 75 
Iowa, 196. 

4. Fi-esldent must qualify. The director chosen as president must qualify 
before assuming the duties of that office. Constitution of Iowa, section 5., 
article 11. 

5. Special meetings — notice of. If the president is unwilling to call a 
special meeting in compliance with a request from members, then a majority 
of the board may cause a notice of the meeting to be given by the secretary, 
signed by the members who desire to have the meeting called, which written 
notice should be by the secretary handed to each member of the board and 
to the president. Section 2757. 

6. Notice — time of. As the law is silent with regard to the length of 
time notice should be given before the time of meeting, it is taken for granted 
the law intends that a reasonable notice as to the time shall be given. What 
such reasonable notice is must be determined for each locality by the con- 
ditions. However, attendance at such meetings shall be a waiver of notice. 

7. Neglect of duty. If a school officer habitually or wilfully neglects his 
duty, and the public good suffers by such negligence, a court may compel him 
to attend to the necessary duties of his office. 50 Iowa, 648. Section 2822. 

8. Place of meeting. This section authorizes boards to hold meetings 
in any district within the same civil township. 

9. Day of meeting. There is no provision of law that will prevent a board 
from transacting business upon any day except Sunday. 



48 SCHOOL LAWS OP IOWA 

10. Failure to elect officers. If the board fails to elect a president, a 
secretary, or treasurer, in districts where such officer is elected by the board, 
upon the day fixed by law or at a meeting adjourned from that day to a day 
certain, then the incumbent may qualify anew and hold the office for another 
year. 75 Iowa, 196. But in order that a president may thus hold over, his 
term as a member of the board must also continue. Section 2757. 

11. Hold but one office. No person may hold two offices of the board at 
the same time. 

12. May not be compelled to qualify. No one may be compelled to qualify 
as a member or officer of the board. 

13. Duties must be performed. Any duty imposed upon the board as a 
body must be performed at a regular or special meeting, and made a matter 
of record. 47 Iowa, 11. 

14. (onsent of individual members. The consent of the board to any 
particular measure, obtained of individual members when not in session, 
is not the act of the board, and is not binding upon the district. 67 Iowa, 164. 

15. Receive reports of committees. The board may receive and act upon 
communications from persons selected outside the board to report upon mat- 
ters referred to such persons as a committee. 

16. Power may not be delegated. An official trust cannot be delegated. 
Neither the board nor any member may appoint a substitute to perform the 
official duties of a member or of the board, but the board may appoint a 
committee of its number with power to act for the board in a given case. 

17. Adjourned meetings authorized. Where the law requires a certain 
duty to be performed by the board upon a fixed day, and does not expressly 
forbid its performance later than the date mentioned in the law, as for instance 
the election of a secretary and a treasurer, an adjournment of the meeting to 
another fixed date will allow the transaction of the business directed to be done 
on the day of the regular meeting. 75 Iowa, 196. 

18. Director ineligible as secretary or treasurer. A director is ineligible 
to the office of secretary or treasurer so long as he remains a member of the 
board. Section 2757. 

19. Presumption of regnlarity. In the absence of proof, it will be pre- 
sumed on appeal, that the proceedings (of school officers) were regular and the 
grounds sufficient. 109 Iowa, 169. 

20. Rules and regulations. The board should adopt necessary rules and 
regulations to govern the members thereof in their deliberations This is neces- 
sary in order that business may be conducted legally and with dispatch. Section 
2772. 

21. Order of business. To further expedite business, a board should 
adopt and follow an "order of business." The following is suggested and may be 
changed to suit the needs of the board. 1. Call to order. 2. Roll call — to deter- 
mine that a quorum is present. 3. Reading minutes of previous meeting. 4. Re- 
ports of standing committees. 5. Reports of special committees. 6. Communica- 
tions and petitions. 7. Auditing claims. 8. Unfinished business. 9. New busi- 
ness. 10. Fixing salaries. 11. Adjourn. 

• Sec. 2758. Qualification of directors — vacancies. Any member of 
the board may administer the oath of qualification to any member 
elect, and to the president of the board. Each director elected in 
March, 1906, or at any regular election thereafter, shall qualify on or 
before the date for the organization of the board of the corporation 
in which he was elected by taking an oath to support the constitution 
of the United States and that of the state of Iowa, and that he will 
faithfully discharge the duties of his office ; and shall hold the oiBce 
for the term to which he is elected, and until a successor is elected 
and qualified. In case of a vacancy, the office shall be filled by ap- 
pointment by the board until the next annual meeting. In all rural 



SCHOOL LAWS OF IOWA 49 

school corporations, the term of office of directors whose terms expire 
on the third Monday in March, 1906, is hereby extended to July 1, 
1906. [31 G. A., ch. 137; C. '73, §§ 1752, 1790; R, §§ 2032, 2079; C. 
'51, §§ 1113, 1120.] 

Notes: 1. Oath — who may administer. Any school director Is author- 
ized to administer to a school director-elect the oflBcial oath required by law, but 
the secretary cannot administer this oath unless he is one of the many officers 
empowered by law to administer oaths. 

2. Oath — when director may take. A director-elect may take the oath 
of qualification at any time between the day of election and the close of the day 
for organization of the board. 53 Iowa, 687; 101 Iowa, 382. Section 2758. A 
person appointed as a member of the board is required to qualify within ten 
days. Code, section 1275, 

3. Hold over. In case a director-elect fails to qualify by the close of the 
day for the organization of the board, the incumbent may continue in office until 
the next regular election, but, in order to do so, he must qualify anew within ten 
days from that time. Code, sections 1265 and 1275. 

4. Failure to qualify. If a person who is elected as his own successor 
fails to qualify on or before the day for the organization of the board, a vacancy 
exists which should be filled by appointment. Code, section 1266. 

5. Term of director. The term of a director does not begin at the time 
of his election, but at the time when by statute the regular meeting of the 
board of directors following the election is to be held, at which the board is to 
be organized; and if the director elected is ineligible and is therefore unable to 
qualify, the vacancy is not caused by failure to elect, but by the failure to 
qualify, and the old director will hold over if he qualifies within ten days from 
that time. State v. Cahill, 131 Iowa, 155; 105 N. W., 691. 

6. Failure to appear. Failure to appear at the meeting of the board on 
the day for its organization will not prevent a qualification being valid if the 
member-elect takes the oath of office before the close of that day. 

7. Time directors serve. A director continues in office until a successor 
is elected and qualified, whether chosen by the electors or appointed by the 
board. Section 1276. 

8. Term. (1) Beginning. The term of director in independent city, 
town and village corporations and consolidated districts begins the third Monday 
of March, and of rural independent districts and school townships on the first 
of July following his election. Section 2757, 

2. Length of. In school townships the term of director is one year; 
in independent corporations, three years. Section 2745. 

9. Filling vacancies. (1) Beginning. Persons holding over or appointed 
or elected to fill a vacancy must qualify within ten days. Section 1275. 

2. Length of. Persons holding over or appointed by the board to fill 
vacancies serve until their successors, elected at the next regular meeting of 
the corporation, qualify. Section 1276. Persons chosen by the electors to fill 
vacancies serve the remainder of the term. Section 1277. 

10. When to qualify — contested election. When an election is contested, 
the person elected shall have ten days in which to qualify, after the date of the 
decision. Code, section 1177. 

11. Refusal to issue certificate of election. The failure or refusal of the 
proper officers to issue a certificate to a person duly elected, cannot operate to 
deprive such person of his rights. The certificate or commission is the best, 
but not the only evidence of an election, and if that be refused secondary evi- 
dence is admissible. McCrary on elections, section 171; decision, 11. Man- 
damus is the proper remedy to compel the board of canvassers to declare elected 
and certify to the election of the party receiving the highest number of votes. 
36 Iowa, 291. 

4 



50 SCHOOL LAWS OF IOWA 

12. Board determines identification of members. While a board may use 
its own judgment as to who shall or who shall not be received as a member of 
the board, any one aggrieved has his remedy through the courts; that is, the 
membership of the board is not finally determined by any action of the board. 
125 Iowa, 193. 

13. Title — how determined. The right or title to hold office cannot be 
determined by an appeal to the county superintendent. The proper remedy for 
any person aggrieved by the action of the board relating thereto is a petition to 
the district court. Code, sections 4313 and 4320; decision, 11. Quo warranto 
is the proper proceeding to determine the title to an office. 125 Iowa, 193. 

14. Province of courts. It is the exclusive province of the courts to de- 
termine questions with relation to any vote of a school meeting or with relation 
to the choice of members of the board or officers of the board. Decision, 20. 

15. JdJlections — regular. Sections 2746, 2751, 2754; to fill vacancy, sec- 
tion 2771. 

Sec. 2759. President — emplayment of counsel. The president of 
the board of directors shall preside at all of its meetings, sign all war- 
rants and drafts, respectively, drawn upon the county treasurer for 
money apportioned and taxes collected and belonging to his school 
corporation, and all orders on the treasurer drawn as provided by law, 
sign all contracts made by the board, and appear in behalf of his cor- 
poration in all actions brought by or against it, unless individually a 
party, in which case this duty shall be performed by the secretary. In 
all cases where actions may be instituted by or against any school 
officer to enforce any provision of law, the board may employ counsel, 
for which the school corporation shall be liable. [19 G. A., ch. 46; 
C. 73, §§ 1739-40; R., §§ 2039-40; C. '51, §§ 1122-3, 1125.] 

Notes: 1. President may not hold over. A president whose term as 
director has expired may take no further part in the board, even though a new- 
president has not been chosen. 

2. President may vote. The president has the right to vote on all ques- 
tions coming before the board. If by such vote a tie is produced, the motion is 
lost. Section 2757. 

3. Temporary president. When the board is without a president, a tem- 
porary president may be appointed from the members of the board, who, during 
the time he is acting as president, may sign orders and contracts and do all 
other acts proper to be done by the president, but he is not authorized to act 
except when the board is in session. Section 2772. 

4. Order book — custodian of. The secretary is the custodian of the order 
book. He fills out the orders, which the president afterward signs. Section 
2762. 

5. Order must indicate fund. To be valid, an order must express upon its 
face the fund on which it is drawn, and name the purpose for which it was 
issued. Section 2762. 

6. Failure to attach official title. The failure of an officer to attach his 
official title to his signature will not affect the instrument so far as the district 
is concerned, provided the writing was authorized, and made for the district, and 
this fact can be shown. 7 Iowa, 509; 11 Iowa, 82. 

7. Personal liability. Unless the fact that official approval was author- 
ized can be shown, personal liability may follow. 59 Iowa, 696. 

8. Authority for signing. An order on the treasurer may be drawn only 
by the authority of the board. Section 2780. 

9. ICxpense of litigation. The expense in suits provided for by this sec- 
tion should be paid from the contingent fund. Section 2768. 



SCHOOL LAWS OF IOWA 51 

10. Appeals not actions. Appeals to the county superintendent or super- 
intendent of public instruction, are not actions brought by or against the 
district, nor are they actions brought by or against any of the school officers, 
within the meaning of the law, and no charge can be made against the district 
for attorney fees. 36 Iowa, 411. 

11. President may not bring suits. The president does not have author- 
ity to bring suits in the name of the corporation on his own motion. 85 
Iowa, 387. 

12. Service of notice. Service of notice may be made on either the presi- 
dent or the secretary. Code, section 3531. 

Sec. 2760. Bonds of secretary and treasurer. The secretary and 
treasurer shall each give bond to the school corporation in such penalty 
as the board may require, and with sureties to be approved by it, which 
bond shall be filed with the president, conditioned for the faithful per- 
formance of his official duties, but in no case less than five hundred 
dollars. Each shall take the oath required of civil officers, which shall 
be indorsed upon the bond, and shall complete his qualification within 
ten days. In case of a breach of the bond, the president shall bring 
action thereon in the name of the school corporation. [15 G. A., ch. 
27; C. '73, §§ 1721, 1731; R., §§ 2035, 2037, 2076; C. '51, § 1144.] 

Notes: 1. Official bond. The law requires all official bonds to be se- 
cured by at least two sureties who are freeholders, and whose aggregate prop- 
erty is double the amount of the bond, the oath of office to be subscribed on 
the back of the bond, or attached thereto, and the sureties to make affidavit 
that they are worth the amount named. A guarantee company may be accepted 
as surety. Sections 360 and 1187. 

2. Sureties and principal must qualify. At least two sureties are re- 
quired, who must be resident freeholders of this state, and each of whom 
must make an affidavit as surety. Both the principal and the sureties must 
qualify before some one empowered to administer oaths. Code, sections 358 
and 359. 

3. Requalify. If the treasurer is re-elected, or continues in office by 
reason of failure to elect a successor, his bond must be renewed and he should 
produce and account for the funds in his hands, and the statement of such 
settlement should be endorsed upon his new bond before the same is approved 
by the board. Code, section 1193. 

4. Liability of treasurer. The treasurer of a school district is absolutely 
liable for all money coming into his hands by virtue of his office. 40 Iowa, 
130; 37 Iowa, 550; 80 Iowa, 497. 

5. Member should not be surety. As the bonds of the secretary and the 
treasurer must be approved by the board, no member should become surety 
for one of these officers. 

6. Failure to give bond. Any officer whose duty it is to give bonds for 
the proper discharge of the duties of his office, and who neglects so to do, is 
guilty of a misdemeanor and is liable to a fine. Code, section 1197. 

7. Liability of board. A board approving bonds known to be insufficient, 
does not discharge the duty incumbent upon it, and is liable on a charge of 
misdemeanor. 14 Iowa, 510; 18 Iowa, 153. Code, section 4904. 

8. Additional security. Any officer or board who has the approval of 
another officer's bond, when of the opinion that the public security requires 
it, upon giving ten days' notice to show cause to the contrary may require 
him to give such additional security by a new bond, within a reasonable time 
to be prescribed. Code, section 1281. 

9. Kelief of surety. By petitioning the board a surety may ask to be re- 
lieved from his obligation on a bond. Code, sections 1283 and 1285. 

10. Board not bound to notify. The iboard of directors is not bound to 
notify or warn sureties of the dishonesty of a re-elected treasurer. 



52 SCHOOL LAWS OF IOWA 

11. All qualify. All the officers of the board must take the oath of office 
as prescribed by section 5, article 11, of the constitution. 

12. When qualify. The secretary and the treasurer have ten days in 
which to qualify. 

13. Guarantee company may become surety. Any association or corpora- 
tion which does the business of insuring the fidelity of others, and which has 
authority by law to do business in this state, shall be accepted as surety upon 
bonds required by law, with the same force and effect as sureties above qualified. 
Code, section 1187. 

14. Guarantee company's certificate. Any company engaged in the busi- 
ness of becoming surety upon bonds shall file, with the clerk of any county 
in which it shall do business, a certificate from the state auditor that it has 
complied with the law and is authorized to do business in this state; and 
should said authority be withdrawn at any time, the state auditor shall at 
once notify the clerk of each district court to that effect. Code, sections 359 
and 360, 2768. 

15. Settlement. Where the treasurer about to succeed himself in office 
makes a settlement wit hthe board as by statute provided, producing in some 
tangible form the money which he should have on hand, the sureties on his 
new bond are conclusively bound thereby and they will be estopped from plead- 
ing or proving that the funds so exhibited were borrowed or otherwise tem- 
porarily or fraudulently procured and never in fact went into the public 
treasury. But where the money is not produced in any form and the board 
charged by law with making the settlement accepts a mere book account or 
personal statement of the treasurer that he has the funds in his possession, 
then the liability on the bond is prima facie only and the sureties will be 
relieved if it be fairly established that the shortage originated during the prior 
term. Independent School Dist. v. Herkenrath, 155 Iowa, 275; 135 N. W. 1086. 

Sec. 2761. Duties of secretary. The secretary shall file and pre- 
serve copies of all reports made to the county superintendent, and all 
papers transmitted to him pertaining to the business of the corpora- 
tion; keep a complete record of all the proceedings of the meetings 
of the board and the voters of the corporation in separate books; keep 
an accurate, separate account of each fund with the treasurer, charge 
him with all warrants and drafts drawn in his favor, and credit him 
with all orders drawn on each fund; and he shall keep an accurate ac- 
count of all expenses incurred by the corporation, and present the same 
to the board for audit and payment. At the annual meeting he shall 
record, in a book provided for that purpose, the names of all persons 
voting thereat, the number of votes cast for each candidate, and for 
and against each proposition submitted. The secretary of each inde- 
pendent town or city district shall file monthly, on or before the tenth 
day of each month, with the board of directors, a complete statement 
of all receipts and disbursements from the various funds during the 
preceding month, and also the balance remaining on hand in the va- 
rious funds at the close of the period covered by said statement, which 
monthly statements shall be open to public inspection. [35 G. A., ch. 
246, § 1; C. 73, §§ 1741, 1743; R., §§ 2041-2; C. '51, §§ 1126, 1128.] 

Notes: 1. Importance of secretary's work. A large amount of labor de- 
volves upon the secretary. The fidelity and promptness with which he attends 
to his duties make his assistance very valuable to the board and the district, 
and determine, in a large degree, the accuracy and completeness of his annual 
report to the board and to the county superintendent. 



SCHOOL LAWS OP IOWA 53 

2. Minutes — keeping of. It is essential that the record of the proceed- 
ings of the board and of the district meetings should be properly kept. Every 
transaction should be carefully noted, and the proceedings read and approved. 
Decisions, 118, 113. 

3. Minutes as evidence. The minutes of a meeting as recorded at the 
time by the secretary, must be regarded the best evidence as to the under- 
standing the board had of a subject, at the time the question was voted upon. 
Decisions, 8, 29, 31 and 43. 

4. Proceedings submitted to board. The proceedings of any meeting in 
relation to voting schoolhouse taxes, must be submitted by the secretary, who 
is the proper custodian of the records, to the board, to form the basis of its 
action in appropriating and certifying schoolhouse taxes to the board of super- 
visors. Section 2806. 

5. Failure to record proceedings in separate books. The failure of the 
secretary to record all the proceedings of the board and of the district meet- 
ings in separate books, kept for that purpose, wiU not render the proceedings 
void. 8 Iowa, 298. 

6. Public records may be inspected. Public records are public property, 
and are open to inspection at proper times by any citizen. No public officer 
may refuse examination of the records, but as he is their custodian, and is 
charged with their safe keeping, he must keep them in his possession. 

7. Records — certified copy of. Every officer having the custody of a 
publi'' record or writing is bound to give any person, on demand, a certified 
copy thereof on payment of the legal fees therefor. Code, section 4638. 

8. May not act- The secretary may not act as president or treasurer of 
the board. 

9. Librarian. The secretary, as the clerical officer of the board, cares 
for the records of the district (section 2761) and is the librarian of the cor- 
poration, unless the board appoints some other person. Section 2823-r. 

10. Cash account. The secretary is required by this section to keep an 
account current with the district treasurer. This account, properly kept, will 
assist the board in its frequent settlements with the treasurer, as required by 
section 2780. 

11. Minutes^ — correction of. A court of equity may hear parol evidence 
to correct the record. 110 Iowa, 707. 

12. Check with treasurer. The secretary should before the annual meet- 
ing check his books with those of the district treasurer. 

Sec. 2762. Warrants. He shall countersign all warrants and drafts 
upon the county treasurer drawn or signed by the president; draw 
each order on the treasurer, specify the fund on which it is drawn 
and the use for which the money is appropriated; countersign and 
keep a register of the same, showing the number, date, to whom drawn, 
the fund upon which it is drawn, the purpose and the amount; and at 
each regular annual meeting furnish the board with a copy of the 
same. [31 G. A., eh. 136, § 4; 19 G. A., ch. 46; C. '73,§§ 1739, 1782; 
R., §§ 2039, 2061; C. '51, §§ 1122-3.] 

Notes: 1. Claims must be audited. All demands, whether by contract 
or otherwise, must be approved by the board when in session, before an order 
may be drawn on the treasurer, and the secretary shall draw no order unless 
he is authorized to do so by a vote of the board, at a regular or special meeting. 
Section 2780. 

2. Secretary holds the order book. The secretary should hold the order 
book, for by this means he can better keep his records, make the transcript 
to the treasurer of orders drawn, and more easily make his final report to 
the board in July. Section 2762. 



54 SCHOOL LAWS OF IOWA 

3. Comply with lawful instructions. The secretary, president, and treas- 
urer, must conform to the instructions of the board, as far as those directions 
are in accordance with law, but they should not comply with an instruction 
directing them to do an illegal act. Section 2760. 

4. When warrant should be refused. If the board appropriates money 
to pay its members or for any other illegal purpose, the secretary should 
refuse to draw and the president should decline to sign the order, and, if 
drawn, the treasurer should refuse to pay it. Section 2760. 

5. How relieved from responsibility. A member may relieve himself of 
the responsibility of an illegal act of the board, by moving that the ayes 
and noes be taken, and by voting no on the unlawful proposition. Members 
of the board are not liable to prosecution for errors when not shown that 
they acted in bad faith. 69 Iowa, 533. 

6. Teachers' salaries. The aboard may authorize the president and secre- 
tary tc draw warrants for the payment of teachers' salaries at the end of each 
school month, upon proper evidence that the service has been performed, but 
the order for wages for the last month should not be drawn until the full 
report required by section 2789 is filed in the office of the secretary. 

7. "Warrants — when illegal. School orders issued without a vote of the 
board, or otherwise illegally issued, although they may be signed by the presi- 
dent and countersigned by the secretary, are not binding upon the district, 
neither can they acquire validity by being transferred to third parties. If 
illegal when issued, they are illegal forever. 19 Iowa, 199 and 248. Decision, 13. 

8. Not negotiable. An order is not a negotiable paper. It is subject to 
all equities and defenses to which it would have been subject in the hands of 
the paj^ee. 22 Iowa, 595; 29 Iowa, 339, and 92 Iowa, 676. 

9. Defects not removed by transfer. An order issued illegally does not 
acquire validity by transfer. See note 8. 

10. Terms of. School orders may not be drawn payable on time, nor 
should any mention regarding interest be in the order. An order may not be 
made payable at any other place than the treasury of the district. Section 2768. 

11. Registration. The registry of orders is an important matter. Every 
order drawn should be promptly reported to the district treasurer, as he has 
no other means of determining the amount of outstanding orders, and other- 
wise cannot comply with the law requiring him to make partial payments. 
Section 2768. 

Sec. 2763-a. Notice of special meetings in school corporations — 
divided into precincts. The secretary of the board of directors of any 
school corporation which is divided into precincts, shall give notice of 
all special meetings of the voters, as provided by section twenty -seven 
hundred fifty-five (2755) of the supplement to the code (1902). Each 
notice shall state the date, place and hours during which the meeting will 
be in session, and the object of the meeting. [31 G. A., ch. 138, § 2.] 

Notes: 1. Computing time. The statutory mode of computing time ex- 
cludes the day on which the notice is posted, and includes the day of meeting. 
61 Iowa. 303. Code, section 48, subdivision 23. Forms 8 and 11. 

2. Notice necessary. Failure to comply with the law with respect to the 
notice invalidates the proceedings of the meeting, even if regular in other re- 
spects. Sections 2746, 2749, 2750, 2755. 118 Iowa, 207. 

3. Kind of notice. It follows that notice through the newspapers or any 
other notice than as named in the law, will not take the place of the kind of 
notice required by the law, given in the manner indicated. — Publication and 
posting. 

4. l^oving. The posting up or service of any notice or other paper re 
quired by law may be proved by the affidavit of any competent witness at- 
tached to a copy of said notice or paper and made within six months of the 
time of such posting up. Code, section 4681. 



SCHOOL LAWS OF IOWA 55 

See. 2763-b. Notice of special meetings in independent corporations 
of less than five thousand. The secretary of the board of directors for 
any school corporation, located wholly within or partly within the 
corporate limits of cities of the first class, cities of the second class, or 
incorporated towns, which may not have adopted the provisions of 
section twenty-seven hundred fifty-five (2755) of the supplement to 
the code (1902) and divided into precincts, shall give notice of special 
meeting of the voters in the same manner as for the annual meeting, by 
posting at least five notices in five public places within said corpora- 
tion, for not less than ten days next preceding the day of special meet- 
ing. Each notice shall state the date, place and hours during which the 
meeting will be in session, and the object of the meeting. [31 G. A., 
eh. 138, § 3.] 

Note: See notes to section 2 7 63-a. 

Sec. 2763-c. Notice of special meetings in school townships. The 
secretary of the board of directors for any school township or for any 
school corporation not included in the preceding sections, shall give 
ten days' printed or written notice of special meeting to the voters, 
posted in at least five public places within the corporation. The notice 
shall be posted at the door of each schoolhouse, and also at or near the 
last place of meeting, and each notice shall state the date, place and 
hours during which the meeting will be in session and the object of the 
meeting. [31 G. A., ch. 138, § 4.] 

Note: See notes to section 2763-a. 

Sec. 2764. Register of persons of school age. He shall, between the 
first day of June and the first day of July of each year, enter in a 
book made for that purpose, the name, sex and age of every person 
between five and twenty-one residing in the corporation, together with 
the name of the parent or guardian. [31 G. A., ch. 136, § 5 ; C. '97, ^ 
2764.] 

Notes: 1. Time. The law intends that no part of the enumeration shall 
be taken before the first day of June. What is desired is that the number of 
persons of the ages of five to twenty-one having an actual residence in a 
corporation on the first day of June, shall be enumerated in that corporation. 
No enumeration shall be made after the first day of July. 

2. Whom to include in the enumeration. Every person between five and 
twenty-one should be enumerated where he resides. A child in one of the 
charitable or reformatory institutions temporarily, and whose parents or 
guardian reside in another part of the state, or in another school district, is 
a resident of the district in which his parents reside, and should be enumerated 
there. Tf in the institution to remain permanently, having no parents or 
guardian, his residence is in the district in which the institution is located, 
and he should be enumerated therein. 

3. What desired. The actual truth as to the number of school age is 
what is sought. Anything else disturbs the equality which by right exists, and 
prevents all from receiving exact justice in the apportionments. 

4. Ho-w obtained. The number of persons of school age can be obtained 
only by a careful and conscientious census. It includes all persons between 
five and twenty-one years having a residence within the district, even if 
married. 

5. Rights of each district. Each district deserves credit for every one of 
proper age, but is entitled to no more. It is obvious that a guess or estimate 
regarding even a single individual is to be avoided. Section 2808. 



56 SCHOOL LAWS OP IOWA 

6. By whom taken. In the independent districts it is the duty of the 
secretary to take the annual school enumeration required by the first clause of 
this section, unless the board assigns the duty to another person. In any 
case proper extra compensation should be given for the work required, if the 
district is a large one. Section 2764. 

7. Joint districts. In districts formed of parts of two or more counties, 
the secretary should make the annual report to the county superintendent 
having jurisdiction over that school and its teachers, and with whom they 
register their certificates. This report should not include those children who 
reside in portions of the district lying in other counties. The remaining num- 
ber of children should be reported by the secretary to the superintendents of 
the counties having territory in such district. 

8. Guardian. Upon the death of both parents the grandfather or grand- 
mother, if living, becomes the natural guardian of an orphan infant. 127 
Iowa, 625. 

9. School -census — seven to sixteen. At the time of making the enu- 
meration of those of the ages of five to twenty-one, the secretary shall make 
a list of those of the ages of seven to sixteen and of those of seven to six- 
teen not attending school, as provided in section 2823-a. Section 2823-i. 
10. Seven to sixteen, inclusive — meaning. See section 2823-a, note. 

Sec. 2765. Reports. He shall notify the eoimty superintendent 
when each school is to begin and its length of term, and within five 
days after the regular July meeting in each year, file with the county 
superintendent a report which shall give the number of persons in the 
corporation, male or female, of school age, the number of schools and 
branches taught, the number of scholars enrolled and average attend- 
ance in each school, the number of teachers employed and the average 
compensation paid per month, distinguishing the sexes, the length of 
school in days, and the average cost of tuition per month for each 
scholar, the text-books used, number of volumes in library, the value 
of apparatus belonging to the corporation, the number of schoolhouses 
and their estimated value, the name, age, and postoffice address of each 
deaf and dumb, or blind person in the corporation between the ages of 
five and twenty-one years, and this shall include those who are so blind 
or deaf as to be unable to obtain an education in the common schools, 
a like report as to all feeble-minded children of and between such 
ages, and the number of trees set out and in a thrifty condition on 
each schoolhouse ground. [31 G. A., ch. 136, § 6 ; 19 G. A., eh. 23, § 3 ; 
16 G. A., ch. 112, § 1; C. 73, §§ 1744-5; R, § 2046; C. '51, §§ 1127-8.] 

Notes: 1. Data. The name of the teacher should be given, and any 
other information which will aid the county superintendent in planning his 
work of visitation, provided for in section 2734-b. 

2. Annual reports. The blanks for the annual report of the secretary 
are furnished by the state through county superintendents. The secretary 
should copy the report required by this section, in the district records. If the 
original report is filed in his office, it is liable to be destroyed or mislaid, which 
may prove detrimental to the interests of the district. 

3. Early report desired. A county superintendent should receive the 
secretary's report at once following the annual meeting. The county super- 
intendent cannot complete his annual report till every secretary's report is filed. 
One delinquent secretary may block the annual report for days. 

4. Accuracy. The secretary should be accurate in making his report. 
Uncertain figures are of little value. The report should not be made up hastily 
hut should be carefully made out before the date of annual meeting. 



SCHOOL LAWS OF IOWA 57 

5, Daily register. Every teacher should take great pains to keep very 
carefully the register required by section 2789, in order that the report required 
by this section may be made out correctly. By the teacher's doing so the secre- 
tary will be able to make his annual report with greater ease, and with added 
accuracy. 

6. Auditor may not review census. The auditor in apportioning school 
taxes has no authority to review the school census reported to him by the 
secretaries of school townships, and cannot be restrained by injunction from 
acting on the census as thus reported because of the misconduct of a district 
secretary in taking the census of his township. Judsdn v. Agan, 134-557, 111 
N. W. 943. 

Sec, 2766. Officers reported. He shall report to the county super- 
intendent, auditor and treasurer the name and postoffice address of 
the president, treasurer and secretary of the board as soon as prac- 
ticable after the qualification of each, [C. 73, § 1736.] 

Note: 1. It is very important that the secretary should file the certificate 
with the county officers named, immediately after the regular meetings of the 
board in March and July, otherwise funds belonging to the district may be 
paid to persons not authorized to receive them. Whenever a change is made 
the county officers should be notified. 

Sec. 2767. Certifjdng tax. Within five days after the board has 
fixed the amount required for the contingent and teachers' fund, he 
shall certify to the board of supervisors the amount so fixed, and at 
the same time shall certify the amount of schoolhouse tax voted at 
any rgular or special meeting. In case a schoolhouse tax is voted by 
a special meeting after the above certificate has been made and prior 
to the first day of September following, he shall forthwith certify the 
same to the board of supervisors. He shall also certify to such board 
any provision made by the board of directors for the payment of prin- 
cipal or interest of bonds lawfully issued. [C. 73, §§ 1777, 1823; R., 
§§ 2037, 2044.] 

Notes: 1. The secretary has no discretion but must certify the tax to the 
board of supervisors. He should also certify to the board of supervisors any 
provision made by the board of directors for the payment of principal or 
interest of bonds lawfully issued. 141 Iowa, 43. 

2. Use form. To avoid errors the secretary should use forms furnished 
by the county superintendent in certifying the amount of tax fixed. 

3. Excessive schoolhouse tax. The fact that the electors at their annual 
meeting voted a schoolhouse tax in excess of that which is legal to be levied 
in one year does not render the election void. The supervisors should make 
only the legal levy. 141 Iowa, 43. 

4. Meeting to rescind a tax voted — discretionary. A board of directors 
may call a special meeting of the electors, when petitioned, to vote upon the 
question of rescinding a former vote authorizing a schoolhouse tax, provided 
no part of the tax has been collected; but the matter is discretionary with the 
board and the courts will not require it to act. 141 Iowa, 43. 

Sec. 2768. Duties of treasurer — payment of warrants — deposit of 
funds — interest. The treasurer shall receive all moneys belonging to 
the corporation, pay the same out only upon the order of the president 
countersigned by the secretary, keeping an accurate account of all re- 
ceipts and expenditures in a book provided for that purpose. He shall 
register all orders drawn and reported to him by the secretary, showing 
the number, date, to whom drawn, the fund upon which drawn, the 



58 SCHOOL LAWS OP IOWA 

purpose and amount. The money collected by tax for the erection of 
sehoolhouses and the payment of debts contracted therefor shall be called 
the schoolhouse fund ; that collected for the payment of school buildings, 
bonds shall be called the school building bond fund; that for rent, 
fuel, repairs and other contingent expenses necessary for keeping the 
school in operation, the contingent fund; and that received for the 
payment of teachers, the teachers' fund; and he shall keep a separate 
account with each fund, paying no order that fails to state the fund 
upon which it is drawn and the specific use to which it is to be ap- 
plied. Whenever an order cannot be paid in full out of the fund upon 
which it is drawn, partial payment may be made. All school orders 
shall draw lawful interest after being presented to the treasurer and 
by him indorsed as not paid for want of funds. It is hereby made 
the duty of the treasurer of each school corporation to deposit all funds 
in his hands as such treasurer in some bank or banks in the state at 
interest at the rate of at least two per cent, per annum on ninety per 
cent, of the daily balances payable at the end of each month, all of 
which shall accrue to the benefit of the contingent fund of such school 
corporation ; but before such deposit is made, such bank shall file a bond 
with sureties to be approved by the treasurer and the board of direc- 
tors of such corporation in double the amount deposited, conditioned 
to hold the school corporation harmless from all loss by reason of such 
deposit or deposits; provided that in cases where an approved surety 
company's bond is furnished, said bond may be accepted in an amount 
equal to ten per cent more than the amount deposited. Said bond shall 
be filed with the president of the school board and action may be 
brought thereon either by the treasurer or the school corporation as 
the board may elect. [35 G. A., ch. 247, § 2; 31 G. A., ch. 139; C. '73, 
§§ 1747-50; R., §§ 2048-50; C. '51, §§ 1138-40.] 

Notes: 1. Custodian. The language of this section is very explicit. It 
makes the treasurer the custodian of all moneys belonging to the district, 
which effectually precludes the idea of dividing the money belonging to any 
particular fund among the subdistricts. Decisions, 14. 

2. Use of funds. The treasurer may pay out the funds only on the order 
of the president, countersigned by the secretary, and the president may not 
sign an order unless he is authorized to do so by the board. Sections 2768 
and 2780. 

3. Claims must be audited. No order shall be drawn on the district treas- 
ury, until the claim for which it is drawn has been audited and allowed. Sec- 
tion 2780. 

4. Orders — order of payment. In making payment, when there is not 
sufficient money on hand to pay all outstanding orders, one order may not be 
given preference over another. 40 Iowa, 620. 

5. Jjoaniiig. Neither the electors nor the board may authorize the treas- 
urer to loan money belonging to the district. Code, sections 4840 and 2769. 

6. Responsibility of treasurer. The treasurer is responsible for all 
moneys coming into his hands by virtue of his office, even if stolen or de- 
stroyed by fire. The board has no authority to release him, unless he accounts 
in full for all moneys received by virtue of his office. 37 Iowa, (550; 39 Iowa, 
9; 40 Iowa. 130, and 80 Iowa, 497. 

7. Depositing. It is compulsory for the treasurer to deposit the money 
in some safe and secure bank; but the treasurer and his bondsmen are fully 
responsible. 



SCHOOL LAWS OF IOWA 59 

8. Deposits not preferential claim. A deposit of school funds in a bank 
does not make tlie banker a trustee nor does the account become a preferred 
claim in case of bank failure. 139 Iowa, 58. 

9. May not reimburse. The spirit of our law forbids the electors to vote 
schoolhouse funds to reimburse a treasurer or his bondsmen for a loss of the 
money belonging to the district. There is no way under the law by which 
the treasurer and his bondsmen may be released from absolute liability. Note 6, 

10. No highway fund. There is no authority in law for a county treasurer 
and a district treasurer to keep a part of the schoolhouse fund separate as a so- 
called highway fund or library fund. It is obvious that all moneys collected as 
voted by the electors must belong to the schoolhouse fund, the contingent fund, 
the school house or the school building bond fund. Section 2768. 

11. Cost of removal. When possible, it is desirable that the cost of re- 
moving and repairing schoolhouses shall be paid from the schoolhouse fund. If 
there is no schoolhouse fund on hand unappropriated, the expense of removal, 
if not too considerable, may be paid from the contingent fund. 

12. Flag staff. Contingent fund may be used to erect a flag staff upon 
the schoolhouse or a flag pole upon the school grounds for the purpose of dis- 
playing a school flag. A steel staff made of gas pipe set in cement is very satis- 
factory. 

13. Minor improvements. Minor improvements, such as the erection of 
ordinary outhouses, storm caves, fences, and the like, may be paid for from either 
the contingent or the schoolhouse fund. 

14. Ordinary repairs — rebuilding. Ordinary repairs should be charged to 
the contingent fund; but when such repairs assume the magnitude of a rebuild- 
ing, or of an extensive addition, they should be charged to the school house fund. 

.15. Use of unappropriated schoolhouse fund. Any unappropriated school- 
house fund in the district treasury may be used for the erection or repair of 
schoolhouses, at the discretion of the board, without the action of the electors. 

16. Seating. The cost of seating new schoolhouses should be paid from 
the schoolhouse fund. The law does not authorize the use of the contingent fund 
for the erection or completion of schoolhouses, but when a house needs reseating 
or other repairs, the cost may be defrayed either from the contingent fund, or 
from any unappropriated schoolhouse fund in the treasury. 25 Iowa, 436. 

17. School furnitvire. The term school furniture, as generally used in 
our state, means school desks, tables, chairs, and such similar articles as are 
closely related to making the schoolhouse more suitable for its use as a school- 
house; school apparatus has been understood to include the articles mentioned 
in section 2783, or such similar articles as would clearly come under the same 
designation for use in the schools for the purpose of instruction. 

18. Transfer of funds. Boards have no authority to transfer money from 
one fund to another, even temporarily, unless they are authorized by the elec- 
tors under section 2749, subsection 5, to transfer any surplus in the school house 
fund to another fund. Notes 3 and 4 to section 2810. 

19. Teachers' fund not divided. The teachers' fund should not be divided 
among the subdistricts, equally, according to the number of children, or upon 
any other basis. This fund can be paid out only to teachers for services, upon 
orders authorized by the board. 

20. Order must specify fund. The treasurer shall pay no order which 
does not specify the fund on which it is drawn, and the speciflc use to which the 
money is applied. 

21. Tuition belongs in teachers' fund. Tuition fees collected from non- 
residents belongs to the teachers' fund. 

22. Teachers' fund — use of. No part of the teachers' fund may be used 
for any other purpose than to pay teachers or to pay tuition of pupils attending 
school in another district under sections 2774 and 2803; except the amount 
withheld from the apportionment for the purchase of library books. Section 
2S23-n. 



60 SCHOOL LAWS OF IOWA 

23. Register of orders. The law requires both the secretary and the 
treasurer to keep a register of all orders drawn on the district treasury, contain- 
ing a record of each item enumerated. Sections 2762, 2768. 

24. School orders — terms of. The board has no authority to make a con- 
tract by which school orders shall draw interest before their presentation nor a 
higher rate than six per cent. 90 Iowa, 53. 

25. Caves. The board of directors may build a cave near the schoolhouse, 
using any unappropriated schoolhouse or contingent fund for that purpose. 

26. Secretary furnish list of orders. It is essential that the treasurer 
should know the exact amount of outstanding orders, and for this reason the 
secretary Is required to report to him all orders drawn on the district treasury. 
Section 2762. 

2 7. Register — importance. The register provided for in this section is in- 
dispensable to the treasurer, under the law requiring him to make partial pay- 
ments on orders when he has not funds sufficient to pay them in full. 40 Iowa, 
620. 

2 8. When treasurer may refuse to pay. The treasurer may rightly ob- 
ject to paying an order that is defective in any of the particulars named. It is 
especially essential that the purposes for which the order was given shall be 
written in the order. The stub in the order book should also be properly filled 
out and carefully preserved. 

29. Partial payment. The provision as to partial payment applies to all 
orders on that fund. The holder of an order drawn to pay a judgment cannot 
insist on its being satisfied in full to the exclusion of other orders. 40 Iowa, 620. 

30. Indorsement for want of funds. By keeping a correct account of the 
orders, as by form 18, the treasurer will know the amount outstanding, and can 
readily determine what per cent on each he can pay with the funds on hand. 
When requested by the holder, he should indorse an order so that the amount re- 
maining unpaid may draw legal interest. Section 2768. 

31. Payments should be indorsed. Whenever partial payment is made, 
the treasurer should indorse the payment on the order and take a receipt for the 
amount paid. When paid in full, the order should, in all cases, be indorsed by 
the person presenting it, and left with the treasurer. It is then a voucher for the 
amount paid. Section 2768. 

32. To compel payment. The remedy of any one holding an order which 
the treasurer refuses to pay or indorse is application to a court for a writ to 
compel such officer to make payment. At the final hearing before the court it 
will be definitely determined whether the order is of such character that it 
should be either paid by the treasurer or indorsed by him as not paid for want 
of funds Section 2768. 

33. Limit of taxation. See sections 2749, 2753, 2806, 2813, 2825. 

34. Reimbursement. Where a township treasurer expecting to be re- 
imbursed paid warrants from his individual funds, at a time when the public 
funds were rendered unavailable by the closing of the bank in which they 
were deposited, he was entitled to recovery therefor from the township, when 
through insolvency the funds were lost. 158 Iowa, 120. 

35. Bank liability. A bank in which the proceeds of the school bond sale 
is deposited is liable for the interest while held. Attorney General. 

36. Duty of treasurer. It is the duty of the treasurer to deposit school 
funds in the bank or banks and he is to select the bank or banks, but the 
board must approve the bond. Attorney General. 

37. Treasurer must account for interest. The school treasurer must ac- 
count for interest on school funds and may not draw a salary. Attorney Gen- 
eral. 

Sec. 2769. Financial statement. He shall render a statement of. 
the finances of the corporation whenever required by the board, and 
his books shall always be open for inspection. He shall make an annual 
report to the board at its regular July meeting, which shall show the 
amount of the teachers' fund, the contingent fund, and the school- 



SCHOOL DAWS OF IOWA 61 

house fund held over, received, paid out, and on hand, the several 
funds to be separately stated, and he shall immediately file a copy of 
this report with the county superintendent. [31 G. A., ch. 136, § 7; 
16 G. A, ch. 112, § 2; C. '73, § 1751; R., § 2051; C. '51, § 1141.] 

Notes: 1. Settlement. The interest and protection of the taxpayers re- 
quire that a full and complete settlement should be made at least once each 
year, and more frequently if deemed necessary, and that the settlement at the 
July' meeting requires that the funds and property shall be produced and fully 
accounted for, and that these facts should be indorsed upon the new bond of the 
treasurer, if he is re-elected. Code, section 1193, quoted in note 9 below. 69 
Iowa, 269; 91 Iowa, 198, and 110 Iowa, 58. 

2. Treasurer — may demand. The outgoing treasurer and his bondsmen 
have a right to expect and to require that the board shall make a complete set- 
tlement, and the treasurer may demand and receive written evidence that such 
settlement is complete. 110 Iowa, 58. 

3. Responsibility. The responsibility of the treasurer and his bondsmen 
to the district is absolute, and it rests with the treasurer to deposit the money 
in a bank, according to law. 

4. Officers may not be released. It is not within the power of even the 
electors to release the board or its officers from their obligation to protect the 
funds of the district. 

5. Terms sureties liable. The sureties on an official bond may be held 
for three years from the time that it is presumed an irregularity occurred. Code, 
section 3447. 91 Iowa, 198. 

6. Vouchers preserved. The vouchers of the treasurer should not be 
destroyed until after three years from the expiration of a term of office. The 
stub books of the secretary should also be retained, and not destroyed until after 
several years. * 

7. Arbitration. In making settlement, the board may submit a difference 
with the treasurer, to arbitration. 70 Iowa, 65. 

8. Re-elected— requalify. When the incumbent of the office of secre 
tary or treasurer is re-elected, he shall qualify anew, as directed by section 2760 
of the code, and when the re-elected officer has had public funds or property in 
his control, under color of his office, his bond shall not be approved until he has 
produced and fully accounted for such funds and property to the proper person 
to whom he should account therefor; and the officer or board approving the 
bond shall indorse upon the bond, before its approval, the fact that the said 
officer has fully accounted for and produced all funds and property before that 
time under his control as such officer. Code, section 1193. 110 Iowa, 58. 

9. Hold over — requalify. When it is ascertained that the incumbent 
is entitled to hold over by reason of the non-election of a successor, or for the 
neglect or refusal of the successor to qualify, he shall qualify anew, within ten 
days. Code, section 1275. 

10. Embezzlement. If any state, county, township, school or municipal 
officer, or officer of any state institution, or other public officer within the state, 
charged with the collection, safe keeping, transfer or disbursement of public 
money or property, fails or refuses to keep the same in any place of custody 
or deposit that may be provided by law for keeping such money or prop- 
ert3' until the same is withdrawn therefrom as authorized by law, or keeps or 
deposits such money or property in any other place than in such place of custody 
or deposit, or unlawfully converts to his own use in any way whatever, or use 
by way of investment in any kind of property, or loans without the authority of 
law, any portion of the public money intrusted to him for collection, safe keep- 
ing, transfer or disbursement, or converts to his own use any money or property 
that may come into his hands by virtue of his office, he shall be guilty of em- 
bezzlement to the amount of so much of said money or the value of so much of 
said property as is thus taken, converted, invested, used, loaned or unaccounted 
for, and shall be imprisoned in the penitentiary not exceeding ten years, and 
fined in a sum equal to the amount of money embezzled or the value of such 



62 SCHOOL LAWS OF IOWA 

property converted, and shall be forever after disqualified from holding any office 
under the laws of the state. Any such officer who shall receive any money be- 
longing to the state, county, township, school or municipality, or state institution 
of which he is an officer, shall be deemed to have received the same by virtue 
of his office, and in case he fails or neglects to account therefor upon demand of 
the person entitled thereto, he shall be deemed guilty of embezzlement, and shall 
be punished as above provided. Code, section 4840. 

11. Blanks. The blanks for the annual report of the treasurer are fur- 
nished by the state, through the county superintendents. 

12. Treasurer's report to county superintendent. Treasurers should not 
fail to mail a copy of their annual report at once to the county superintendent, 
as only by timely attention on the part of the treasurers, can the county su- 
perintendent compile and forward his annual report to the superintendent of 
public instruction, on the last Tuesday in August. 

Sec. 2770. Surrendering office to successor. Each school officer, 
upon the termination of his term of office, shall immediately surrender 
to his successor all books, papers and moneys pertaining or belonging 
to the office, taking a receipt therefor. [C. '73, § 1791; R., § 2080.] 

Note: 1. What included. The language of this section includes copies 
of the school laws, reports, and all other publications which may be received by 
virtue of being a school officer. 

Sec. 2771. Quorum of board — filling vacancies. A majority of the 
board of directors of any school corporation shall constitute a quorum 
for the transaction of business, but a less number may adjourn from 
time to time. Vacancies occurring among the officers or members shall 
be filled by the board by ballot, and the person receiving the highest 
number of votes shall be declared elected, and shall qualify as if 
originally elected or appointed. When the board is reduced below a 
quorum, by resignation or otherwise, the secretary of the board, or 
if there be no secretary, the county superintendent shall call a special 
election to fill the vacancies, giving notice in the same manner as for 
the annual meeting on the second Monday in March. [32 G. A., ch. 
150; 28 G. A., ch. 106; 24 G. A., ch. 19; C. '73, §§ 1730, 1738; R., 
§§ 2037-38.] 

Notes: 1. Necessary to carry- In the absence of a direct provision of 
law, or of a by-law requiring majority vote of all the board, a majority of the 
votes of a quorum will carry a measure. 

2. Removal. Boards have no authority to remove any member or officer 
of the board. Such removal may be made onI> by the courts. Code, section 1251. 

3. Neglect — misdemeanor. Willful neglect to perform duty is a misde- 
meanor. Code, sections 4904, 4906. 

4. Neglect — punishment. If a director habitually or wilfully neglects 
the duties of his office he may be compelled by mandamus to perform them. 
Section 2822. 50 Iowa, 648. 

5. Vacancy — how created — how filled. A vacancy can be created only 
by death, removal, resignation, or failure to elect at the proper election, there 
being no incumbent to continue in office. Code, section 1266. A failure to elect 
or qualify does not create a vacancy, for the incumbent, whether elected or ap- 
pointed, continues in office "until his successor is elected and qualified." Code, 
section 1265. If the incumbent does not qualify, a vacancy exists. A vacancy 
may be filled by appointment of the board. This appointment must be made by 
ballot. The president of the board may not appoint in session of the board or 
out. The ballot to fill vacancy must be taken at a duly called meeting of the 
board. 



SCHOOL LAWS OF IOWA 63 

6. Resignation. School directors may resign at any time. A verbal or 
written resignation may be tendered to the board when in session, or a written 
resignation may be handed to some member to be presented at a subsequent 
meeting, for acceptance by the board. 

7. Change in siibdistrict. If a subdistrict is divided, so as to form a new 
one, the resident director will continue to act as though no change had been 
made, until the organization of the new board in July following the next regular 
annual election. However, on the first Monday in March, directors shall be 
chosen according to the new subdistrict boundaries. Section 2802. 

8. Legality of acts of de facto officers. If a person without the requisite 
qualifications, is elected a member of the board and acts with the board, being 
a member de facto, his acts will be valid, but when his disqualification becomes 
known, the board shall declare the place vacant and appoint his successor. 23 
Iowa, 96; 110 Iowa, 382. 

9. Ratification of acts of de facto oft'icers. A board may ratify or adopt 
such acts of officers de facto as the law would permit officers de jure to perform. 

10. Qualification of officers. See section 2758. 

11. Elections — regular. Sections 2746, 2751, 2754, 2756. 

12. Vacancy — term. See notes, sections 2745 and 2758. 

See. 2772. Temporary oflficers — course of study — ^regulations — use 
of tobacco prohibited. The board sliall appoint a temporary president 
and secretary, or either of them, in the absence of the regular officers, 
and shall prescribe a course of study for the schools of the corporation, 
make rules and regulations for its own government and that of the 
directors, officers, teachers and pupils, and the care of the schoolhouse, 
grounds and property of the school corporation, and aid in the en- 
forcement of the same, and require the performance of duty by said 
persons not in conflict with law and said rules and regulations, and 
such rules and regulations shall prohibit the use of tobacco in any 
form by any student of such schools and such board may suspend or 
expel such student for any violation of such rule. [35 G. A., ch. 241, 
§ 2; C. '73, §§ 1730, 1737; R., § 2037.] 

Notes: 1. Course of study. The board of every district should adopt 
a carefully prepared course of study, to which the electors may add other 
branches. This department recommends and urges that the state course of 
study which has been published and used for about 25 years be adopted in all 
the rural schools. 

2. Rranches required. The law does not prescribe clearly the several 
branches that shall be taught in the public schools, further than to require most 
teachers to be qualified to teach certain branches enumerated (section 2734-d), 
and to require pupils of the ages of seven to fourteen to attend some school in 
which the common branches are taught. Sections 2823-a to 2823-i. 

3. Branches implied. It is plainly implied that the common branches, 
including music, are to be included in every course of study. Section 2823-a. 

4. Special branches. The board of every district shall include manual 
training, agriculture, domestic science, and may include drawing or any other 
branch, in the course of study. 

5. Added branches. It is the province of the electors to decide what 
branches beside those named by the board shall be included in the course of 
study and taught in the schools. Section 2749. 

6. Different course for different schools. If it is desired that higher 
arithmetic, or any other advanced study, shall be taught in one or more schools 
in the district, the board should include such branch in the course of study for 
such school or schools. 



64 SCHOOL LAWS OP IOWA 

7. Electors may not restrict. The electors may not limit nor restrict the 
board as to a course of study. The most that the electors may do is to compel 
the board to provide for giving instruction in the branches ordered by the elec- 
tors to be taught during the year. 44 Iowa, 564. 

8. Rhetorical and graduating exercises. The board of directors may 
adopt rhetorical exercises as a part of the course of study, and teachers and 
scholars will be governed thereby. Graduating exercises are a part of the course 
of study and the board may direct what exercises shall be held in connection with 
the closing days of school. 

9. Classification. In mixed schools a close classification is very desirable. 
Time is saved, larger classes are secured, and the efficiency and discipline of the 
school are promoted by such a plan. 

10. Half -day attendance. A condition may exist when for a short time 
a board may be compelled to provide by regulation that certain pupils shall at- 
tend only cne-half of the day, and others of the same grade the other half. But 
such arrangement should not be a permanent one. 

11. Equal school facilities. A board is discharging the duty incumbent 
upon it to provide equal school facilities for all when it does the very best possi- 
ble to overcome difficulties, and leaves nothing undone which it might properly 
be expected to do. 

12. Board as managers. Legally speaking, the management of the schools 
in every essential respect is entirely within the control of the board. Teachers 
and scholars are governed by the reasonable rules and regulations adopted by 
the board. In the absence of a rule upon any special subject the action of a 
teacher is supposed to be in effect the act of the board until such action is set 
aside or disclaimed by an order of the board directing otherwise. Decisions, 17, 
33, sections 2745, 2782. 

13. Control of property. Each board has exclusive control of the school- 
houses in its district, unless the school township meeting has otherwise ordered. 
Sections 2745, 2782, 2749. 

14. Trespassing. In an extreme case it may be necessary to bring an 
action in the name of the state before a peace officer against any person or per- 
sons wilfully or unlawfully persisting in trespassing upon the schoolhouse 
grounds or wilfully interfering with or distributing the quiet and uninterrupted 
progress of a public school. See note 22. 

15. Entering unoccupied schoolhouses. If any tramp or vagrant, with- 
out permission, enter any schoolhouse or other public building in the nighttime, 
when the same is not occupied by another or others having proper authority to 
be there, or, having entered the same in the daytime, remain in the same at 
night when not occupied as aforesaid, or at any time commit any nuisance, use, 
misuse, destroy or partially destroy any private or public property therein, he 
shall be imprisoned in the penitentiary not more than three years, or be fined 
not exceeding one hundred dollars and imprisoned in the county jail not more 
than one year. Code, section 4793. 

16. Security for use. The board should require from parties desiring 
to use the schoolhouse, security for its proper use and protection from other in- 
jury than natural wear. 

17. Use — public worship. It is proper to permit the use of schoolhouses 
for the purpose of public worship on Sunday, or for religious services, public 
lectures on moral or scientific subjects, or meetings on questions of public inter- 
est, on the evenings of the week, or at any time when such use will not interfere 
with the regular progress of the school. Especially is this so where abundant 
provision is made for securing any damages which the taxpayer may suffer by 
reason of the use for the purposes named. The use of a schoolhouse for such 
purposes, when so authorized, is not prohibited by section 3, article 1, of the 
constitution. 35 Iowa, 194; 50 Iowa, 11. 



SCHOOL LAWS OF IOWA 65 

18. Charge for admission. It is not in accordance with the meaning of 
the law and the decisions of the courts to allow a schoolhouse to be used for a 
purpose requiring an admission fee. This does not prevent a contribution being 
taken up, but we think free admission should not be denied. 

19. None excluded. It is believed that no discrimination should be made 
as to who may attend meetings held in a schoolhouse. To make membership in 
a particular society a test for attendance upon the meeting would seem to be in 
conflict with the intention of the law. 

20. Voting place. In precincts outside of cities and towns the election 
shall be, if practicable, held in the public school building, for the use of which 
there shall be no charge, but all damage to the building or furniture shall be 
paid by the county. Code, section 1113. 

21. -Defacing. If any person wilfully write, make marks or draw char- 
acters on the walls or any other part of any church, college, academy, school- 
house, courthouse or other public building, or on any furniture, apparatus or 
fixtures therein; or wilfully injure or deface the same, or any wall or fence in- 
closing the same, he shall be fined not exceeding one hundred dollars, or im- 
prisoned in the county jail not more than thirty days. Code, section 4802. 

22. Distui'bing school. If any person wilfully disturb any assembly of 
persons met for religious worship by profane discourse or rude and indecent be- 
havior, or by making a noise, either within the place of worship or so near as to 
disturb the order and solemnity of the assembly, or if any person wilfully dis- 
turb or interrupt any school, school meeting, teachers' institute, lyceum, literary 
society or other lawful assembly of persons, he shall be punished by imprison- 
ment in the county jail not more than thirty days, or by fine not exceeding 
one hundred dollars. Section 4959. 

23. Rules adopted by boards — interference. A rule adopted by a school 
board for the government of the school will not be interfered with by the courts 
unless it is so unreasonable as to amount to an abuse of power. 129 Iowa, 441. 

24. Violation of rules. The determination by a school board that a rule 
which it had power to make for the government of the school had been violated 
will not be reviewed by the courts. 129 Iowa, 441. 

25. Special classes. The parent cannot expect that a class shall be formed 
whenever asked for at any time in the school year, for the special accommoda- 
tion of one or more to the disadvantage of the many and to the detriment of the 
school. Section 2772. 

2 6. Classification necessary. It is quite necessary to carry out carefully 
a close plan of classification and instruction, and to provide what time in the 
year certain classes shall begin the study of the branches to be taught during 
that portion of the year. To this end this department recommends and urges the 
adoption of the state course of study in all ungraded schools. 

27. Beginners. Authority to prescribe the courses of study confers the 
power to determine when classes in any subject may be organized. Under this 
authority, school boards may determine when beginning classes in primary work 
shall be organized. 

2 8. Admission of beginners. All persons of the ages of five to twenty- 
one who are actual residents of a school corporation may attend some school in 
said corporation, provided they are able to be classified under the course of study 
and rules prescribed by the board. Those who have never attended school, or 
who have not received sufficient instruction to enable them to take the work of 
some class already organized, may demand admission only when a beginning 
class is organized. 

2 9. Branches completed before promotion. It is within the power of 
a board to require the study of the common branches, or of other elementary 
studies that are in the course of study adopted by the board, before advancing 
the scholar to other more difficult subjects. 



66 SCHOOL LAWS 0'^ lOWA 

30. Attendance denied. If a child becomes the source of undue annoy- 
ance to others, although through no fault of his own, he may, if absolutely neces- 
sary for the good of the school, be forbidden attendance. 31 Iowa, 562, top of 
page 569. Section 2782. 

31. Purpose of the law. On the other hand the spirit of our laws does 
not support an interference with personal or individual rights except when such 
control or restriction may become absolutely necessary in order to protect others 
in the enjoyment of the rights guaranteed to them by the law. The true idea 
is to bring all of school age within the salutary influence of the school and to 
keep them there if possible. 

32. Control of pupiL Undoubtedly the parent and teacher have joint 
control over the scholar on his way to and from school. The pupil becomes sub- 
ject to the control of the board as soon as he leaves home for school and con- 
tinues within such control until he again reaches the home of the parent. It is 
very desirable that co-operation and a mutual desire to promote the best good of 
the scholar should be sought by the parents and the school authorities. 129 
Iowa, 441. 

33. Teacher to determine subjects. It is the duty of the teacher, under 
the direction of the board, to determine what branches can best be pursued by 
each scholar. Section 2772. 

34. Branches understood in course. Without special mention in the 
teacher's contract, it is understood that only the usual common branches and 
those included in the course of study for the school are expected to be taught. 
Section 2778. 

35. Subjects must be inchided. If it is desired that higher arithmetic 
or any other advanced study, shall be taught in one or more schools in the dis- 
trict, the board should include such branch in the course of study for such 
school or schools, and require the teacher to obtain a valid certificate in such 
branch before beginning school. Sections 2749, 2772. 

3 6. Subjects not in course- It is not within the province of individual 
persons to demand instruction outside the branches in the course of study. 

37. Music and physiology mandatory. Every scholar must study music, 
physiology and hygiene, including the effects of stimulants and narcotics, until 
the outline upon that branch, as prepared by the board has been completed. Sec- 
tion 2823-s, 2775. 

38. Follow course. It becomes the duty of every teacher to follow the 
plan of work indicated in the course of study. When difficulties are met, if no 
other person has general supervision, the matter may be brought to the atten- 
tion of the board. Section 2772. 

39. Board has control of classification. As regards classification, the 
board has absolute control. But as the teacher is by common consent presumed 
to know what will be best for all, custom has left to him the making of the pro- 
gram and the placing of scholars in the proper classes. Section 2772. 

40. "When not entitled to promotion. If a scholar is found to be so 
deficient in the common branches that he is unable to take the work in a class 
more advanced, without detriment to the class and to himself, it is plain that he 
may be classified in each branch where he is likely to receive the greatest good. 
The penalty for not pursuing a suitable course of study will be found in the fact 
that such scholars may be denied promotion, and may not be allowed to grad- 
uate. 

41. Aids and apparatus. In connection with the course of study, the 
board should designate the teaching helps and apparatus to be used, and should 
also arrange to furnish such appliances as soon as they are needed. 

42. Compulsory attendance. Sections 2823-a to 2823-i. 

43. Power to make a rule — how determined. While the review of the 
action of a school board with reference to a matter within its jurisdiction is by 



SCHOOL LAWS OF IOWA 67 

appeal to the county superintendent, yet the question as to whether the board 
had power to make the rule can be reviewed by the court in a mandamus pro- 
ceeding 129 Iowa, 441. 

44. Expulsion of scholar — dismissal of teacher — enforcement of regula- 
tions. Section 2 782. 

45. Use of tobacco. School boards must make regulations governing the 
use of tobacco on the part of pupils. They may regulate its use on the play- 
ground or at other times. 

Sec. 2773. Schoolhouse site — division of district — length of school. 

It may fix the site for each schoolliouse, taking into consideration the 
geographical position, number and convenience of the scholars, provide 
for the fencing of schoolhouse sites, determine the number of schools to 
be taught, divide the corporation into such wards or other divisions 
for school purposes as may be proper, determine the particular school 
which each child shall attend, and designate the period each school shall 
be held beyond the time required by law. Every school shall be free 
of tuition to all actual residents between the ages of five and twenty- 
one years, and each school regularly established shall continue for at 
least twenty-four weeks of five school days each, in each school year com- 
mencing the first day of July, unless the county superintendent shall 
authorize the board to shorten the period in any one or more schools, 
when in his judgment there are sufficient reasons for so doing. No school 
shall be in session during the time of holding a teachers' institute except 
by written permission of the county superintendent. [31 G-. G., ch. 136, 
M; 19 G. A., ch. 172, ^ 21 ; 17 G. A., ch. 54; 15 G. A., ch. 57; C. 
'73, §§ 1724, 1727, 1769; R., §§ 2023, 2037.] 

Notes: 1. Power to locate school site. The power to locate site for 
schoolhouses is vested originally, exclusively in the board. This authority 
should be exercised with great care and without prejudice. The electors may 
not definitely limit a board by vote or instructions. If, however, taxes or bonds 
have been voted to build upon a particular site, the board may not disregard 
such vote. 100 Iowa, 317. Decisions, 20, 27, 34. 135 Iowa, 95. 

2. Change of site. The directors of a school township have the power 
under code, section 2773, to change the site of a schoolhouse without authority 
by vote of the electors of the district. 123 Iowa, 199; 135 Iowa, 95. 

3. Expediency of removal. The expediency of removal cannot be con- 
sidered upon an application for injunction; nor will the action of the board be 
considered on a simple allegation that it was surreptitiously taken in the ab- 
sence of a statement of facts upon which the complaint was based. 123 Iowa, 
199. See also Kinney v. Howard, 133 Iowa, 94. 

4. Removal of schoolhouse. The removal of a schoolhouse to another site 
within the same subdistrict is entirely within the control of the board, and a 
vote of either the electors of the subdistrict or of the school township will be 
only suggestive. 81 Iowa, 335. 

5. Wishes of electors considered. The wishes of the people, for whom 
the house is designed, should be consulted as far as practicable, taking into ac- 
count prospective as well as present needs of all the people of the district. De- 
cisions. 20 and 24. 

6. Reasonable distance. There is nothing in the law fixing a standard 
as to what is to be considered a reasonable distance for children to travel to 
school, jvttendance in an adjoining district under such circumstances as to se- 
cure the payment of tuition to the adjoining district is governed by the pro- 
visions of section 2803. Decisions, 82. 



68 SCHOOL LAWS OF IOWA 

7. Removal of schoolhouse from subdistrict. The removal of a school- 
house from the suhdistrict must be first ordered by the electors, at the township 
meeting. Decisions, 15. 

8. Site on highway. There are many obvious reasons why a schoolhouse 
site should not be located away from the highway. It is highly desirable that 
the necessary highways to a new site should be open before a schoolhouse is 
placed upon such site. 

9. Suggestive votes not mandatory. A vote of the electors upon matters 
which by the law are to be determined by the board, is not binding upon the 
board, but is only suggestive to it. In such matters the board will still be left 
free to exercise the large discretion vested in it by the law. 81 Iowa, 335. 

10. Removal in case of change in district. As a change of boundaries 
between subdistricts does not take effect until the organization of the new 
board elected in March following the change, the board may not move the school- 
house to accommodate the proposed new conditions until after that time. 

11. Should own sites. If possible, the district should own the sites. A 
perfect title should be secured, and the warranty deed recorded, before commenc- 
ing to build. The property should be conveyed to the district in its corporate 
name. The deed should be recorded and afterwards filed with the president. 

12. Objections to location. In selecting the site of a schoolhouse the 
board is controlled by the provision of code section 2814 as to the acquisition of 
a site within thirty rods of the residence of an owner who objects to such loca- 
tion. Mcndenhall v. Board of Directors, 137 Iowa, 554. 

13. County supeHntendent's decision final if not appealed. The action of 
the board of directors in fixing a new schoolhouse site is subject to the review 
of the county superintendent; and if the action of the board is reversed on such 
appeal the district has no longer authority to hold or use the site purchased for 
the purpose, and a conveyance of property for such new site becomes invalid and 
inoperative without any action for rescission on the part of the board. Ind. 
School Di&t. V. McClure, 136 Iowa, 122. 

14. Abstract. The title to property which school boards acquire is sub- 
ject to the reversal of the action of the board. 135 Iowa, 122. In purchasing the 
grounds for schoolhouse purposes the president should require an abstract of 
title and satisfy himself that the property is free from incumbrance. 

15. Public square as site. A public square, of a town located wholly 
within an independent district, may be transferred to such district for school 
purposes. Code, sections 931, 932. 

16. Size of rural site. A rural site should contain not less than one acre 
of ground, ordinarily, and this exclusive of highway. In consolidated corpora- 
tions (section 2794-a) and school townships owning but two sites, not to exceed 
four acres may be acquired. Section 2814. 

17. When section 2814 does not apply. The provisions of section 2814 
do nor, apply when the site is purchased. 

18. Number necessary. The law does not provide the number to be ac- 
commodated by a new house in order that one may be built. Decisions, 45. 

19. More than one schoolhouse. There is nothing in law to prevent the 
erection of more than one schoolhouse in a subdistrict. 69 Iowa, 533. Decisions, 
45. 

20. Fencing school site — mandatory. Sections 2745-a and 2745-b. 

21. Lawful fence. Section 2 3 67 of the code defines a lawful fence. The 
sam.e section provides that a partition fence may be made tight by the party de- 
siring it. I 

22. Fence viewers. Any question upon which there is a difference of 
opinion between parties should be submitted to the township trustees, who act as 
fence viewers, and determine matters in controversy. Section 2367. 

2 3. No holidays. There are no holidays during which teachers are ex- 
empted by the law from teaching, unless excused by the board. A legal contract 
requires twenty days of actual service for a month, 



SCHOOL LAWS OF IOWA 69, 

24. Legal holidays. In this state, by common consent and universal 
custom, New Year's Day, Memorial Day, Fourth of July, Labor Day, Christmas 
and any day recommended by the governor or tlie president as a day of thanks- 
giving, are observed as holidays. 

25. Board may allow holidays. It is the commendable custom with very 
many boards to allow teachers and scholars the so-called holidays, and to pay 
the teacher as if those days had been taught. 

26. Visiting? other schools. There is no provision of law giving teachers 
time to visit other schools. Boards often grant teachers this privilege, under 
proper restrictions. 

2 7. Teaching on Saturday. By consent of the board, an occasional Sat- 
urday may be taught. But as five days are a school week, the practice is not to 
be commended. 

28. Effect of custom. If no action has been taken by the board and the 
contract contains no provision relating to the matter, the custom prevailing in 
that school will probably govern as to the matter of beginning and closing school 
sessions, intermissions, and other like particulars. It is well for the board and 
the teacher to have an agreement in matters of this kind. 

2 9. School day — length. While the written law does not specify the 
length of a school day, almost universal custom has made it six hours. The 
board has the power to shorten or lengthen this time somewhat if thought best. 
If no action has been taken by the board, and a contract contains no provision 
relating to the matter, the custom prevailing in the district will probably govern. 

30. Night school — extra compensation. It is within the power of the 
board to maintain a night school. No person may receive pay from the funds 
of the district for giving instruction outside of the school hours fixed by the 
board nor for teaching without a certificate. Section 2788. 

31. Number months of school. As regards the length of time during 
which schools are to be taught, twenty-four weeks is the minimum. Above this 
it is entirely within the discretion of the board to determine the number of 
months of school, the time when schools begin, the length of term, and the time 
and length of vacations. The maximum is unlimited, except as by section 2806, 
limiting the amount of taxes for contingent and teachers' fund. 

32. Amount of school. The regular schools of the district should be kept 
in session an equal number of months, unless the time is shortened or the school 
closed with the consent of the county superintendent. 47 Iowa, 11. 

33. Attendance — how determined. Attendance is not necessarily gov- 
erned by subdistrict lines. Usually and naturally in school townships the sub- 
district will form a suitable division for attendance. The board may determine 
what school in the township children shall attend, without regard to the boun- 
daries of subdistricts. 

34. Subdistrict — voting. Subdistrict lines determine who may vote for 
director of the subdistrict, and also fix the limits of taxation, if the voters of 
a subdistrict vote a schoolhouse tax upon the subdistrict. 

3 5. Paupers — attendance tuition. Poor children, when cared for at the 
poor-house, shall attend the district school for the district in which such house 
is situated, and a ratable proportion of the cost of the school, based upon the 
attendance of such poor children to the total number of days' attendance thereat, 
shall be paid by the county into the treasury of such school district, and charged 
as part of the expense ot supporting the poor-house. Code, section 2249. 

36. Board must provide school. If a board does not maintain a school 
and does not secure the release from the county superintendent, then any one 
legally interested may apply to a court for a writ to compel the board to perform 
its duty in the matter and to supply school privileges. 

37. More than one school. The board may establish more than one school 
when necessary for the accommodation of the children, subject to the limitations 
in section 2806. An additional school in a rented room continues during such 
time as the board may determine. Section 2774. 



70 SCHOOL LAWS OF IOWA 

38. Salary determined by needs. Inequalities in the requirements may 
demand that varying prices should be paid as wages for different schools. De- 
cisions, 24. 

39. School year. The school year for school purposes should be regarded 
as beginning on the first day of July. The year for the reports closes June 30th. 
Sections 2757, 2765, 2769. 

40. Who entitled to school— color. All the youth of the state from five 
to twenty-one years of age, irrespective of religion, race or nationality, are en- 
titled to the same school facilities. While schools may be graded according to 
the proficiency of pupils, no discrimination, such, for instance, as requiring col- 
ored pupils to attend separate schools, can be enforced. 24 Iowa, 266; 41 Iowa, 
689. 

41. Legal residence. The legal residence of a minor is the same as that 
of his parents unless they by proper legal process relinquished their rights to the 
control of said minor. Decisions, 136. 

42. The opening of a school is purely a discretionary power of the board. The 
number of children residing in a district is not necessarily a determining factor 
in reopening a school. Decisons, 111. 

43. School boards have power to choose a new schoolhouse site after bonds 
have been voted even though the district owns an old site, provided the bond 
issue was not voted to expend the money on the old location. Decisions, 119, 

Sec. 2774. Renting room — instruction in other schools — ^transporta- 
tion of children. It may, when necessary, rent a room and employ a 
teacher, where there are ten children for whose accommodation there 
is no schoolhouse; and when the board is released from its obligation 
to maintain a school, or when children live at an unreasonable distance 
from their own school, the board may contract with boards of other 
school townships or independent districts for the instruction of children 
thus deprived of school advantages, in any school therein, and the cost 
thereof shall be paid from the teachers' fund. And when there will be 
a saving of expense, and children will also thereby secure increased 
advantages, it may arrange with any person outside the board for the 
transportation of any child to and from school in the same or in an- 
other corporation, and such expenses shall be paid from the contingent 
fund. [21 G. A., ch. 124; 16 G. A., ch. 109; C. 73, § 1725.] 

Notes: 1. Extra school. The board cannot provide an extra school for 
the acccmmodation of a less number than ten persons of school age. The board 
may, however, provide for their instruction in other school corporations, and 
may, if 'necessary, provide for their transportation. Decisions, 97, 109. 

2. Appeal. From the action of the board with regard to an additional 
school, an appeal will lie to the county superintendent. If it is clearly shown to 
the county superintendent that the board abused its discretion in providing or in 
refusing to provide such a school, he may on appeal reverse its action, and do 
what the board might have done. 

3. Board may not be paid. The board of scholars may not be paid by 
the district. 

4. Consent necessary. The board, before closing a school, should procure 
the consent of the county superintendent. Section 2773. 

5. Appeal not mandamus. The remedy for one aggrieved by the action 
of a school board is to appeal to the superintendent and not mandamus. 136 
Iowa, 573. 

6. Duties of board. A school board has not exhausted its powers to pro- 
vide proper school advantages until it has taken full advantage of the law. De- 
cisions, 125. 



SCHOOL LAWS OF IOWA 71 

7. Transportation. If the school is closed and children are directed to at- 
tend another school in the same corporation, the board is under obligation to 
pay transportation provided the child is more than one and one-half miles from 
the school to which he is directed to attend. 152 Iowa, 500. 

Sec. 2775. Instruction as to stimulants, narcotics and poisons. It 

shall require all teachers to give and all scholars to receive instruction 
in physiology and hygiene, which study in every division of the subject 
shall include the effects upon the human system of alcoholic stimulants, 
narcotics and poisonous substances. The instruction in this branch 
shall of its kind be as direct and specific as that given in other essen- 
tial branches, and each scholar shall be required to complete the part 
of such study in his class or grade before being advanced to the next 
higher, and before being credited with having completed the study of 
the subject. [21 G. A., ch. 1.] 

Notes: 1. Scope. This study must begin in the lowest primary class. In 
what grade or class it shall be completed is to be determined by the board. 

2. Metliods of instruction. The first three grades must be instructed 
orally, as the children are not old enough to use or comprehend a book. But this 
oral instruction must be outlined as a course, and adopted by each board. The 
portion assigned to each grade or class should be thoroughly mastered before 
more advanced work is entered upon. The work will be best accomplished with 
the older scholars by the use of a suitable text-book, which it is the duty of 
every board to select and adopt. Many other harmful effects, very properly em- 
phasized it public lectures, are not required to be taught in the class room. 

3. Spirit of Law observed. Teachers should be careful to give instruction 
in accordance with the spirit of the law. The law contemplates that the noxious 
effects upon the system of the user of any of the articles named shall be taught. 

4. Tobacco— use of. The board shall forbid the use of tobacco on the 
part of pupils on the school grounds, or elsewhere. 2732-27. 

5. Total abstinence. It is not out of place to emphasize the truth that 
total abstinence is the only sure way to escape the evils arising from the use of 
alcoholic drinks and tobacco. 

6. Cigarette habit. The alarming increase of the cigarette habit calls 
for united and aggressive action in removing from the growing boy as far as we 
caa possibly do so, the temptation and opportunity to purchase tobacco. In this 
way value will be added to the instruction required to be given in all public 
schools as to the effects of narcotics. Section 5005. 

7. Co-operate with authorities. We urge upon all teachers to co-operate 
with the authorities and with all other persons in creating and fostering a senti- 
ment favoring a rigid enforcement of the law regarding the sale or giving of 
tobacco to boys. Code, section 5005. 

8. Mandatory. Every scholar must study physiology and hygiene, in- 
cluding the effects of stimulants and narcotics, until the outline upon that 
branch, as adopted by the board, has been completed. The law does not mean 
that a scholar must necessarily study this branch continuously during his entire 
school life, unless the course of study adopted by the board so provides. 

9. Responsibility of the board. A board cannot shift the responsibility 
by simply providing that teachers shall give instruction in this branch. It must 
provide for instruction in this subject in the course of study and see to it that 
the work is actually done by teachers as the law requires. 

10. Duty of county superintendent. County superintendents should know 
that every teacher is complying fully with this statute, and any teacher failing 
or refusing to teach as required, may not be permitted to continue in the work of 
teaching. 



72 SCHOOL LAWS OF IOWA 

11. Enforcement. The proper remedy to secure an enforcement of these 
provisions, as of other mandatory requirements, is application to a court of 
law for a writ of mandamus. Code, section 4341. 

Sec. 2775-a. Elementary agriculture — domestic science — manual 
training" — instruction — teachers' examination. The teaching of elemen- 
tary agriculture, domestic science, and manual training shall, after the 
first day of July, nineteen hundred fifteen, be required in the public 
schools of the state ; and the state superintendent of public instruction 
shall prescribe the extent of such instruction in the public schools. And 
after the date aforesaid elementary agriculture and domestic science 
or manual training shall be included among the subjects required in 
the examination of those applicants for teachers' certificates who are 
required by the provisions of this act to teach agriculture and do- 
mestic science. [36 G. A., S. F. 359, § 1 ; 35 G. A., ch. 248, § 1.] 

See. 2776. Higher schools — union schools. It shall have power to 
maintain in each district one or more schools of a higher order, for the 
better instruction of all in the district prepared to pursue such a course 
of study, and it may establish graded or union schools and determine 
what branches shall be taught therein, but the course of study shall be 
subject to the approval of the superintendent of public instruction ; and 
it may select a person who shall have general supervision of the schools 
in any district subject to the control of the board. [C. '73, § 1726; 
R. § 2037.] 

Notes: 1. Course of Study. With its power to establish and maintain 
graded and higher schools, every board is invested with authority to prescribe a 
course of study in the different branches to be taught. Section 2772. 

2. Township high schooL A high school, open to the older and more 
advanced scholars, may be advantageously established at some central point in 
the school township. 

3. Co-operation. It is very desirable that boards, county superintendent, 
and teachers should work together in efforts to classify and harmonize the work 
to be done in the ungraded schools. Much may be accomplished by concert of 
action in carrying forward some uniform method of classification and instruc- 
tion. 

4. Electors may not limit. The electors may not limit nor restrict the 
board to the adoption of a course of study including only such branches as the 
electors may name. Nor may the electors direct that a particular branch, or 
certain studies, shall not be taught. It is the province of the electors to decide 
what branches besides those named by the board, shall be included in the course 
of study and taught in the schools. Secion 2749. 

5. Graded or union school — meaning;. The best use of the term graded 
or union school is that referring to a group of different schools or rooms contain- 
ing scholars of varying ages and attainments, but divided by rooms and classes 
into sections in which each may do the best work and gain for himself the great- 
est good. 

Sec. 2777. Kindergarten department. The board may establish 
Mdthin any independent school district, in connection with the common 
schools, kindergarten departments for the instruction of children, to be 
paid for in the same manner as other grades and departments. Any 



SCHOOL LAWS OF IOWA 73 

teacher in kindergartens shall hold a certificate from the county super- 
intendent certifying that the holder thereof has been examined upon 
kindergarten principles and methods, and is qualified to teach in kin- 
dergartens. [26 G. A., ch. 38.] 

Notes: 1. Instruction below school age. It may well be doubted whether 
the board in any district may provide for the instruction of children below the 
minimum school age. The constitution of the state does not seem to contem- 
plate that public money shall be used to provide schooling for any below five 
years of age. Section 2773. 

2. Kind of license necessary. A teacher in a kindergarten department 
must be the holder of a kindergarten certificate. No other kind of certificate 
will authorize one to teach in such a department. 

Sec. 2778. Contracts — election of teachers — employment of teachers 
in subdistricts. Tlie board shall carry into effect any instruction from 
the annual meeting upon matters within the control of the voters, and 
shall elect all teachers and make all contracts necessary or proper for 
exercising the powers granted and performing the duties required by 
law. But the board may authorize any subdirector to employ teachers 
for the schools in his subdistrict. Contracts with teachers must be in 
writing, and shall state the length of time the school is to be taught, 
the compensation per week of five days or month of four weeks, and 
such other matters as may be agreed upon, signed by the president 
and teacher, and filed with the secretary before the teacher commences 
to teach under such contract. 

The board of directors of each independent school district of any 
city, town, village and of each consolidated independent school district 
shall have the power to employ a superintendent of schools for a term 
of not to exceed three years, who shall execute the orders and regula- 
tions of the board and have such powers and duties as they may pre- 
scribe, with such duties and powers as are now or may hereafter be 
prescribed by the laws of the state, provided, however, that no such 
contract be made until a superintendent has served at least one year 
in the position to which it is proposed to elect him for the longer pe- 
riod. [36 G. A., H. F. 27, ^ 1 ; 28 G. A., ch. 107, § 1 ; 22 G. A., ch. 60 ; 
C. '73, §§ 1723, 1757; R., §§ 2037, 2055.] 

Notes: 1. Law not unconstitutional. This statute is not unconstitu- 
tion.ll under section 1, Article 1, of the Constitution declaring all men equal and 
entitled to acquire, possess and protect property, nor under section 6 of the same 
Article requiring all laws of a general nature to have a uniform operation, and 
forbidding the granting of special privileges or immunities. Bopp v. Clark, 147 
N. W., 172. 

2. Duty of board. The law requires the board to make all contract^! 
necessary to carry out any vote of the district, and the president to sign all 
contracts made by the board. Section 2759. Decisions, 97. 

3. Erection of scboolhouse. It is the dutv of the board to make contracts 
for the erection of schoolhouses, when the means have been provided by the 
electors. 

4. Powers of electors limited. The electors frequently assume to exercise 
powers not granted them by the law. They have only such powers as are spe- 
cifrcaliy named in the law. 



74 SCHOOL LAWS OF IOWA 

5. Vote rescinded. A vote of the board may be rescinded, if matters have 
not become Involved making such reconsideration impossible, such as the ac- 
ceptance of a contract under the vote in question, or the filing of an appeal. 

6. Power may not be delegated. The responsibility of choosing teachers 
may not be transferred to persons outside the board. They must all be elected 
by the board, except in school townships wherein the board may at its discretion 
authorize any subdirector to employ teachers for his subdistrict. 

7. Director as teacher. If a director desires to teach the school in his 
own subdistrict, he should first resign as director, because it would not only be 
unwise but contrary to public policy to permit a board of directors to contract 
in the name of the district with one of its own number. 78 Iowa, 37. 

8. Duration of contracts. Our supreme court has held "that an exami- 
nation of the statutes leads to the inevitable conclusion that the legislature in- 
tended such contracts to be limited in duration to the school year as determined 
by the board of directors." 107 Iowa, 29. 

9. Outgoing board without authority. The opinion last cited also makes 
it plain that no board of directors has the right, prior to the election and or- 
ganization of the new board, to elect and contract with a teacher for the ensu- 
ing year. 

10. Opinions on question of contract. The department of public instruc- 
tion should not be expected to give any opinion upon questions involving the 
validity of a contract. Such questions are for the courts. 

11. Compensation of teachers. The board should grant a compensation 
to be paid the teacher according to the circumstances and requirements of each 
school. 

12. Contracts. The law specifically requires that contracts with teachers 
must be in writing. Both boards and teachers should see that this requirement 
is complied with. When a contract has been signed the president should file the 
original with the secretary before the opening of school. The teacher should re- 
tain a duplicate of the contract. 

13. Certificate may not be questioned. A board may not question nor 
discredit in any manner a valid certificate held by a teacher, but may demand 
proof of special attainments desired by it before engaging a teacher. 

14. Contract^ — what included. All matters agreed upon should he incor- 
porated into the written contract. The law presumes that the written contract 
embraces the entire agreement of the parties. 52 Iowa, 130. 

15. Common branches. Without special mention in the teacher's con- 
tract, it is understood that only the usual common branches and others included 
In the course of study for the school are expected to be taught. If it is desired 
that other branches shall be taught they should be designated in the contract or 
indicated in some manner. 

16. Should produce certificate. The president should reauire the teacher 
to produce his certificate, which he should carefully examine before signing the 
contract. 

17. Contract — damages for breaking. A teacher not permitted to com- 
plete the term according to contract is entitled to damages, the amount of dam- 
ages being equivalent to the wages lost. Ill Iowa, 20; 110 Iowa, 314. 

18. Added branches. To the branches adopted by the board, the electors 
of any district may add such other branches they deem best to have taught. Sec- 
tion 2749. 

19. Non-English speaking pupils. It is the duty of our school authorities 
to provide for schools having non-English speaking scholars, the best instruc- 
tion available, in order that all the children may acquire rapidly a correst use 
of English, and become acquainted as soon as possible with the spirit and genius 
of our American institutions. 

20. Relative — employment of. There is no provipion of law to prevent 
the employment of a relatve of a member of the board as teacher. 



SCHOOL LAWS OF IOWA 75 

21. Contract in violation of law. A contract violating the terms of the law 
is wholly illegal and void, but the persons signing such contract may be held 
personally for its performance. 3 7 Iowa, 314. 

22. Discharge of teacher. The law provides in section 2 782 the manner 
in which a teacher may be discharged, and the board may not attempt to pro- 
vide any other method of terminating the contract. 82 Iowa, 686; 100 Iowa, 
328, 110 Iowa, 313; 111 Iowa, 20. 

23. Oral contract — enforcement of. Any person interested in having a 
verbal contract carried into execution may apply to a court for a writ of man- 
damus to compel the signing of the written contract. In this way all matters in 
controversy will be brought before a court in such a manner as to secure a 
speedy and conclusive determination of the different questions involved. 

24. Directors' liability. Where directors individually signed a contract 
for apparatus purporting to bind the board of directors and not indicating an 
assumption of personal liability, held that they were not individually liable 
thereon and that the school district having through the board of directors ac- 
cepted and received the benefit of the apparatus was bound by the contract. 
Johnson v. SeJiool Corporation, 117 Iowa, 319; 90 N. W., 713. 

2 5. Vote, not record that binds. It is the vote of the directors which is 
binding on the district, and not the record thereof. And where no record of the 
action of the directors was made it may be proven by oral testimony. German 
Ins. Co. V. Independent Sell. Dist., 80 Fed., 366. 

26. Employment. When a contract with a teacher is disregarded by the 
school board and the teacher is denied the right to perform, the teacher is not 
required by way of diminution of damages to seek employment in a different 
grade of the service or in a different locality. Byrne v. Ind. School Dist., 139 
Iowa, 618; 117 N. W., 983. 

Sec. 2778-a. Minimum teachers' wage — based on certificate grade. 

That all teachers in the public schools of this state shall be paid for 
their services a minimum wage of not less than the amounts hereinafter 
set forth, all fractions in average grades to be figured at the nearest 
whole number : 

1. Teachers holding a first grade uniform county certificate or higher, 
shall be paid a daily wage of not less than a sum obtained by multi- 
plying three cents by the general average grade shown on such certifi- 
cate. 

2. Teachers holding a second grade uniform county certificate shall 
be paid a daily wage of not less than a sum obtained by multiplying 
two and three-quarters cents by the general average grade shown on 
such certificate up to and including a general average grade of eighty- 
five per cent. 

3. Teachers holding a third grade uniform county certificate shall 
be paid a daily wage of not less than a sum obtained by multiplying 
two and one-half cents by the general average [grade] shown on such 
certificate. 

Provided that a teacher having contracted on a second or third grade 
certificate in conformity with this act, shall fulfill such contract at the 
wage fixed at the time of signing same, plus any additional credit 
earned under section two hereof. [35 G. A., ch. 249, § 1.] 



76 SCHOOL LAWS OF IOWA 

Sec. 2778-b. Credits for attending training school. Every teacher 
holding either a second or third grade certificate who has taught suc- 
cessfully for one year and attended an approved teachers' training school 
for a period of six weeks following, shall, upon proper certification of 
such attendance, receive a credit of three points in estimating the sal- 
ary due, and to he paid, but such credit shall not operate to raise the 
grade of such certificate. [35 G. A., ch. 249, § 2.] 

Sec. 2778-c. Contracts for less than minimum wage prohibited. It 

shall be unlawful for any school board or any school officer to contract 
for or pay a less wage to any teacher in the public schools of this state 
than the minimum amounts herein fixed for the grade certificate held 
by such public school teacher. But nothing herein shall be construed 
as limiting the right to make a lawful contract for a higher wage than 
herein specified as a minimum. [35 G. A., ch. 249, § 3.] 

Sec. 2778-d. Violation — penalty. Any school officer violating the 
provisions of this act shall be fined a sum of not less than twenty-five 
dollars, nor more than one hundred dollars, in the discretion of the court, 
and shall be suspended from office. [35 G. A., ch. 249, § 4.] 

Sec. 2779. Erection or repair of schoolhouse. It shall not erect a 
schoolhouse without first consulting with the county superintendent as 
to the most approved plan for such building and securing his approval 
of the plan submitted, nor shall any schoolhouse be erected or repaired 
at a cost exceeding three hundred dollars save under an express con- 
tract reduced to writing, and upon proposals therefor, invited by ad- 
vertisement for four weeks in some newspaper published in the county 
in which the work is to be done, and the contract shall be let to the 
lowest responsible bidder, bonds with sureties for the faithful per- 
formance of the contract being required, but the board may reject any 
and all bids and advertise for new ones. [C. '73, § 1723; R., § 2037.] 

Notes: 1. Plans — approval of. Before making a contract great pains 
should be taken to obtain the best possible plan for the building. On this 
point the law requires consultation with the county superintendent. The 
written approval of the plan by the county superintendent should be secured. 

2. Plans and speciflcations. In building a schoolhouse, it is important 
to secure plans of the building, with full specifications as to its dimensions, 
style of architecture, number and size of windows and doors, quality of ma- 
terials to be used, what kind of roof, number of coats of paint, of what ma- 
terial the foundation shall be constructed, its depth below and its height 
above the surface of the ground, the number and style of chimneys and flues, 
the provisions for ventilation, the number of coats of plastering and style of 
finish, and all other items in detail that may be deemed necessary. The 
plans and specifications should be attached to the contract, and the whole 
filed with the secretary. 

3. Competitive bids. Contracts for the erection or repair of school- 
houses, or for material for the same, exceeding $300, cannot be entered into 
until proposals have been published at least twenty-eight days. 

4. Lowest bidder. The board is sole judge as to what constitutes the 
lowest responsible bidder. If the contract is regular in other respects, a 
court would not be likely to interfere, although lower bids in amount were 
offered and rejected by the board. 



SCHOOL LAWS OF' IOWA 7? 

5. Failure to contract — new bids. In case of failure to close the contract 
with the bid accepted under an advertisement, if it is desired to make a new 
attempt to contract, it will be necessary to advertise anew for bids. 

6. Contract — terms of. Contracts must, in all cases, be made accord- 
ing to the instructions and directions of the board, and after being made they 
should be reviewed by the board before any work is done. 

7. Accepting work. When a schoolhouse is built or repaired under con- 
tract, the board should not neglect to examine the work carefully in order to 
determine that the contract has been fully complied with, before it directs 
the payment of money. 

8. Rights of surety. The surety has the right to stand upon the terms 
of the original contract, and any material change therein without his con- 
sent, affecting the subject-matter of the contract even to a slight degree, will 
exonerate him. 50 Iowa, 98. 

9. Amount of surety. The aggregate amount to which the sureties are 
required to qualify is double the amount of the bond required. Code, sec- 
tion 358. 

10. A member should not be surety. As a rule it is unsuitable for a 
member of the board to become a surety for an officer of the board, or to 
appear as surety upon any other bond which is to receive the approval of the 
board. 

11. In violation of law. Contracts made in violation of the terms of this 
section are illegal. Their fulfillment may be prevented by injunction. 

12. No partnership. The district may not form a partnership in building 
a schoolhouse. But this does not prevent its receiving donations. 

13. Exempted. District property is exempt from general taxation, from 
execution, from garnishment, and from mechanic's lien. 51 Iowa, 70. 

14. Tax anticipated. When a schoolhouse tax has been voted, the board 
may anticipate its levy and collection and issue orders to build Such orders 
may not bear a higher rate of interest than six per cent. 50 Iowa, 102. 

15. Condemnation of schoolhouse. The local board of health has un- 
doubted right to condemn and close for use as a schoolhouse a building unfit 
for such purpose. Section 2568. 

16. Unappropriated funds — use. Any unappropriated schoolhouse fund 
in the district treasury may be used for the erection or repair of school- 
houses, at the discretion of the board, without action of the electors. 

17. Lightning rod. A lightning rod may be supplied as a part of a new 
house, and paid for from the schoolhouse fund. 51 Iowa, 432. 

18. School buildings — delegating power. Under the statute making it 
the duty of the board of a school township to select the site, adopt the plans 
for the erection of the schoolhouse. and award the contracts for the building 
thereof, the board cannot delegate such powers to a committee appointed 
by it. Kinney v. Howard, 133 Iowa, 94. Decisions, 97. 

19. Indebtedness. Boards should not involve the district in an indebted- 
ness for the erection of schoolhouses by contracts and the issue of orders to 
exceed the amount voted by the electors, or of available schoolhouse funds. 

20. Transfer of funds. Unappropriated schoolhouse funds may be dis- 
posed of by the electors, under section 2749, for improvements, such as 
fencing schoolhouse sites, providing wells, etc., or the same may be trans- 
ferred to either the teachers' or contingent fund, and the board is required to 
carry out the vote of the electors. 

21. Contracts — damages for noncompliance — defense. A building con- 
tractor who undertakes to erect a building at a certain time of the year, and 
to do the work in a first class manner, will not be heard to say that defects 
therein are because of construction at that season. The inclemency of weather 
in no way relieves him of his contract. 



78 SCHOOL LAWS OP IOWA 

22. Building contracts — abandonment — completion — architect's certifi- 
cate — liens. 125 Iowa, 227; 125 Iowa, 283. 

23. Preventinsf performance of illegal contract. 78 Iowa, 37; 107 Iowa, 
29; 117 Iowa, 694. 

2 4. Confirmation of contract. 7 Iowa, 509; 50 Iowa, 100; 67 Iowa, 164; 
116 Iowa, 275; 117 Iowa, 319; Richards v. School Township of Jackson, 132 Iowa, 
612. See note 10, section 2783. 

Sec. 2780. Allowance of claims — settlements — compensation of of- 
ficers — treasurer. It shall audit and allow all just claims against the 
corporation, and no order shall be drawn upon the treasury until the 
claim therefor has been audited and allowed; it shall from time to time 
examine the accounts of the treasurer and make settlements with him; 
shall present at each regular meeting of the electors a full statement 
of the receipts had and expenditures made since the preceding meeting, 
with such other information as may be considered important; and shall 
fix the compensation to be paid the secretary. But no member of the 
board or treasurer shall receive compensation for official services. [35 
G. A., ch. 247, § 1; C. '73, §§ 1732-3, 1738, 1813; R., §§ 2037-8; C. 
'51, §§ 1146, 1149.] 

Notes: 1. Examine contracts. It is the duty of the board to examine 
all contracts for the employment of teachers, the construction of school- 
houses, or for any other purpose, and to see that the stipulations have been 
complied with, before directing tiie payment of money thereon. 

2. Pay monthly. The board may authorize the president and the secre- 
tary to draw warrants for the payment of teachers' salaries at the end of 
each school month, upon proper evidence that the service has been per- 
formed, but the order for wages for the last month should not be drawn 
until the report required by this section is filed in the office of the secretary. 

3. Auditing — responsibility. If the board audits a claim and directs 
orders drawn, the officers of the board will be warranted in following the 
direction of the board, unless it is clearly manifest that an attempt is being 
made to violate a plain provision of law. The responsibility in such a case 
rests very largely with the board. 

4. Financial statement. This section contemplates that a full report of 
the affairs of the district shall be made by the board at each annual meet- 
ing of the electors. This work appropriately devolves upon the secretary, 
unless the board designates otherwise. When practicable the report may be 
published in a newspaper. See section 2781. 

5. Orders — when void. An order issued on a claim which has not been 
audited and allowed is void. 39 Iowa, 490. 

6. Compensation. Only the secretary may receive compensation for the 
discharge of duties required by law. The evident intent of the law is that 
no member of the board or the treasurer may receive pay out of the funds 
of the district for any work done for the district in any capacity whatever. 

7. Contracts with members. A court would be likely to hold a contract 
made with a member of the board, to be in violation of the law, contrary to 
public policy, and void. 87 Iowa, 81. 

8. Must refuse to become a member. If a person desires to secure pay 
from the district there seems to be no other way than for him to refuse to 
become a member of the board, or if a member, to resign from the board. See 
notes 6 and 7 above. 



SCHOOL LAWS OP IOWA 79 

9. Electors may not vote compensation. It is not within the power of 
the electors to vote compensation or remuneration of any kind to the mem- 
bers of the board or to officers of the board, for their official services. Nor 
may the board vote compensation to any member. 

10. Official trust not delegated. The official trust of a member of the 
board may not be delegated. It is apparent that as there is no way in 
which a member may receive compensation for discharging official duties, 
he may not contract with another person to be paid from the district funds 
for performing the same services as a substitute for the member of the board. 
Kinney v. Howard, 133 Iowa, 94. 

See. 2781. Financial statement. It shall publish in each independ- 
ent city or town district two weeks before the annual school election, 
by one insertion in one or more newspapers, if any are published in such 
district, or by posting up in writing in not less than three conspicuous 
places in the district, a detailed and specific statement of the receipts 
and disbursements of all funds expended for school and building pur- 
poses for the year preceding such annual election. And the said board 
of directors shall also at the same time publish in detail an estimate of 
the several amounts which, in the judgment of such board, are neces- 
sary to maintain the schools in sueh district for the next succeeding 
school year. [C. 73, §§ 1734-5, 1756; R., §§ 2037, 2054; C. '51, § 1147.] 

Notes: 1. Statement. This statement should show in detail the receipts 
and expenditures for each fund, followed by an estimate of the amount re- 
quired for each fund, to maintain the schools for the ensuing year. 

2. Items. The detailed and specific statement for the receipts and dis- 
bursements of all funds expended, should be sufficiently itemized to show the 
amount received from each separate source, and the amount expended for 
each particular purpose. 

3. Purpose. This statement is for the information of the electors, but 
they should not vote upon the amount of tax to be levied for contingent and 
teachers' funds, as these amounts are determined by the board. Section 2806. 

4. Publication. The board must have the statement published at least 
once in a newspaper, if one is printed in the district or have it posted in at 
least three public places. This publication should be made two weeks be- 
fore the annual school election. 

5. Expense. The fee for printing the statement is fixed by law. Code, 
section 1293. 

6. Minute details. In preparing the annual statement for publication 
minute details of all the items need not be given. This would render it 
uselessly troublesome to prepare, and expensive to publish. Such general 
results and classified items as will enable the electors fully to comprehend tbf 
proceedings of the board, are all that the law requires. The statistics of 
the school may be added if the board thinks proper, but the law does not 
require it. 

Sec. 2782. Visiting schools — regulations — discharge of teacher — ex- 
pulsion of scholar. It shall provide for visiting the schools of the 
district by one or more of its members and aid the teachers in the 
government thereof, and enforcing the rules and regulations of the 
board. It may, by a majority vote discharge any teacher for incom- 
petency, inattention to duty, partiality, or any good cause, after a full 
and fair investigation made at a meeting of the board held for that pur- 
pose, at which the teacher shall be permitted to be present and make 



80 SCHOOL LAWS OF IOWA 

defense, allowing him a reasonable time therefor. It may by a major- 
ity vote expel any scholar from school for immorality or for a violation 
of the regulations or rules established by the board, or when the pres- 
ence of the scholar is detrimental to the best interests of the school, and 
it may confer upon any teacher, principal, or superintendent the power 
temporarily to dismiss a scholar, notice of such dismissal being at once 
given in writing to the president of the board. When a scholar is dis- 
missed by the teacher, principal or superintendent, as above provided, 
he may be re-admitted by such teacher, principal or superintendent, 
but when expelled by the board he may be re-admitted only by the 
board or in the manner prescribed by it. "[C. '73, §§ 1734-5 ; R., §§ 2037, 
2054; C. '51, § 1147.] 

Notes: 1. Visitation. A conscientious compliance with the requirements 
regarding visitation would greatly increase the efficiency of the schools. 
There are very many things that may be best ascertained by visiting the 
school, inspecting the work of the pupils, and conversing witli the teacher. 
The teacher can accomplish the best results only when he is sure of hearty 
co-operation and support. 

2. Power of board. Boards have entire control over the public schools 
of their district and the teachers employed therein. Sections 2745, 2772. 

3. Rules and re^ilations. Rules and regulations governing teachers and 
scholars may be adopted and enforced by the board, as the best interests of 
the schools may seem to require. Decisions, 17 and 33. See notes 23 and 
24, section 2772. 

4. Termination of force of regulations. The force and effect of any 
motion adopted by the board does not terminate with a change of officers 
or members, but remains in force until repealed. 35 Iowa, 361. 

5. Teacher as agent of the board. The teacher is the agent of the board, 
and rules made by him and enforced with either formal or tacit consent are 
in effect the rules of the board. 

6. .Jurisdiction of principal. If it is understood that the principal of 
a school has charge of other rooms besides his own, he has the same power 
in managing the children that is by law given to other teachers. Section 
2776. 

7. Privilege of the public schools conferred by statute. The privilege of 
free instruction in the public schools is one conferred by legislative enact- 
ment, under constitutional direction, and the privilege is subject to legisla- 
tive regulation. The right to attend school is not absolute, but is conditional 
upon compliance with the rules and the essential conditions. Section 2773. 

8. Dismissal of pupils. A teacher may dismiss a pupil temporarily. Final 
disposal of the case, however, rests with the school board. 

9. Responsibility of teacher. The teacher may be held responsible for 
the efficient discharge of every duty properly attached to his office, including 
the exercise of due diligence in the oversight and preservation of school 
buildings, grounds, furniture, apparatus, and other school property, as well 
as the more prominent work of instruction and government. 

10. Damage — liability of teacher. Parties doing damage to school prop- 
erty are responsible for the same. The teacher is bound to exercise reason- 
able care to protect and preserve school property, and failing to do so may be 
held liable for damages. Sections 2772-2778. 

11. Corporal punishment permitted. If the rules and regulations of the 
board do not provide otherwise the teacher has the right in proper cases 
to inflict corporal punishment upon refractory scholars. In the proper exer- 



SCHOOL LAWS OF IOWA 81 

cise of his authority, to maintain good order, and to require of all the 
scholars a faithful performance of their duties, the teacher is entitled to 
the support and co-operation of the board. 

12. Kind of puBishnient. In the choice of a kind of punishment and in 
the selection of an instrument, as well as in determining the degree of pun- 
ishment to be administered, the teacher must exercise a sound discretion. 

13. Punishment — a last resort. Corporal punishment is best reserved 
as a last resort and should be used only when it is believed that no other 
gentler measure will secure the reformation of the offender. Dismissal from 
school by the proper authority is a still more extreme remedy than corporal 
punishment. 45 Iowa, 248. 

14. Schoolhouses — condition of. It is the duty of the board to see that 
schoolhouses are kept in repair, clean, and in good order for school use. 
Neither the teacher nor the scholars should be expected to scrub or wash out 
the schoolhouse. The light sweeping of daily use is often done by them on 
their own motion, but this cannot be required of the scholars, nor of the teacher 
unless he contracts to take special care of the house in such respects. 

15. Cleaning schoolhouse. The board should have the schoolhouse cleaned 
as frequently as it needs such attention in order to keep it in good order for 
school use. No member of the board may receive pay for such work, but any 
other person may be paid from the contingent fund. 

16. Janitor — teachers — pupils. Janitor work cannot be required of the 
teacher unless an agreement to do the same has been made a part of the 
contract, and neither the teacher nor the board may require that such work 
shall be done by the pupils. If a scholar has made unnecessary litter in the 
schoolroom or about his seat he may be required as a punishment to sweep up 
the same. But this is quite another matter than doing the ordinary janitor 
work. 

17. Janitor Avork — contract. Making fires and sweeping the school- 
room are not, properly, a part of the teacher's duties. In rural districts 
teachers frequently perform this labor as a matter of convenience and econ- 
omy. Those unwilling to do this work, or who expect to receive pay for it, 
should so stipulate when entering into the contract to teach. Section 2778. 
Decisions, 28. 

18. Holidays. It is lawful and quite usual for a hoard to give teachers 
holidays and make no deduction from their wages. The teacher, however, 
may not claim it as a right. 

19. Teacher entitled to compensation. If a teacher is at the schoolhouse 
at the proper time, and remains during school hours, he is entitled to pay 
therefor, according to his contract, whether scholars are present or not. 

20. Epidemic — closing school. As a rule it is highly undesirable to close 
a school on account of an epidemic but if the local board of health or the 
board of directors, closes a school on account of the presence of a contagious 
disease, or for like reason, the teacher is entitled to pay for such time ac- 
cording to his contract. 

21. Damages for closing. When a school is closed for a short time, 
for causes beyond the control of the teacher, the courts will be likely to hold 
that the teacher is entitled to his pay according to the terms of his contract. 
Such cases are best settled by compromise between the parties. Note 16, 
section 2778. 

22. Closing — loss made good. If the schoolhouse is destroyed, or the 
school is closed indefinitely by causes beyond the control of either party to 
the contract, the teacher being ready to comply with his part, can collect pay 
according to contract. If said teacher uses proper diligence to secure em- 
ployment at something which he can do, and secures such employment, the 
district will pay him the difference between the amount received in his new 
work and the amount of his wages under the contract. In other words, his 
actual loss should be made good. Opinion of attorney general. 

6 



82 SCHOOL LAWS OF IOWA 

23. Duty to teachers. Teachers are entitled to the support and co-opera- 
tion of the board. It is alike due to the dignity of the board and the rights 
of the teacher that no one should be discharged except after thorough investi- 
gation and the clearest proof. If possible the teacher should be shielded from 
the stigma of discharge. 

24. Dismissal of teacher — how. In the trial of a teacher, when it is 
sought to dismiss him, all the provisions of law must be strictly complied 
with. The board must allow the teacher to make a full defense, and the 
teacher may appear by attorney or otherwise, as he chooses. Decisions, 89. 

25. Dismissal of teacher — for what. Boards may dismiss teachers only 
for good cause shown. In case the board passes an order to dismiss, the ma- 
terial reason therefor should be spread upon the record, for, while in case of 
contest, these reasons would not be conclusive against the teacher, the board 
would be estopped from presenting other reasons than those named in the 
record. Decisions, 73, 102. 

2 6. Discharge of teacher — tender of new place. The tender of a new 
place is no defense where it did not appear that plaintiff could have accepted 
such new position without modifying the original contract. 110 Iowa, 313. 
139 Iowa, 618. When it has been fully established that a teacher has been 
illegally discharged by a school board, he must perform or offer to perform 
his duties as teacher if he expects to collect salary. Parle v. Independent 
School District, 21 N. W., 567. 

27. Board as accuser and judge. In a trial of charges against a teacher 
by the board of directors it was not objectionable on the ground that they 
were accusers rather than judges, and because of their prejudice, since they 
constitute the only tribunal authorized to try such charges. 113 Iowa, 236. 

28. Tender of resignation — merely an offer. The tender of a resignation 
by a teacher, under contract to teach in a certain district, being a mere offer, 
Is not binding on either party to the contract until accepted, and it may be 
withdrawn at any time before it is acted on by the district board. Ill Iowa, 
20. 

29. Retention of resignation not acceptance. The retention of a tender 
of resignation does not constitute an acceptance. Ill Iowa, 20. 

30. Abandonment of contract. The filing of a tender of resignation is 
not an abandonment of contract. Ill Iowa, 20. 

31. Discharge of teacher. Accepting a resignation that has been with- 
drawn is not a discharge as provided under section 2782. Ill Iowa, 20. 

32. Hearing without notice^a nullity — second trial. 113 Iowa, 236. See 
also 52 Iowa, 587. 

33. Refusal of board to reinstate immaterial. 113 Iowa, 2 36. 

34. Date of hearing delayed by injunction. 113 Iowa, 236. See also 110 
Iowa, 652. 

35. Teacher may appeal. When a teacher is unjustly dismissed, an ap- 
peal may be taken from the action of the board in dismissing him, but a suit 
at law must be brought, if he seeks to recover his pay upon the contract. 
The teacher should be paid only to the date of legal dismissal. 53 Iowa, 585; 
100 Iowa, 328. 

36. Action of board — weight of. The order of the board discharging or 
refusing to discharge a teacher is more largely a discretionary than a judicial 
act. In this, as in other matters, the very large discretionary powers of the 
board must be respected, and on appeal their conclusion may not be ques- 
tioned without the most convincing testimony. 

37. Contract terminated by discharge. The contract with the teacher may 
be terminated by discharge after the investigation provided for in this sec- 
tion, by revocation of certificate, or by mutual agreement between the parties 



SCHOOL LAWS OF IOWA 83 

38. Teacher — habits of. By universal consent, and certainly by the spirit 
of our school law, it is expected of teachers that they refrain from improper 
language, keep the Sabbath day with respect, and in every other way avoid 
practice and company that are demoralizing in their tendencies. 

39. Dismissal — the only method. This section provides the only manner 
in which a teacher may be discharged, and the parties to the contract should 
not attempt to provide any other method of terminating the contract. A dis- 
charge by any other method is illegal. 82 Iowa, 686. 

40. Certificate — attack of. The certificate being in the nature of a com- 
mission cannot be attacked collaterally. 

41. Obligations — reciprocal. The obligations between the parties to a 
contract to teach are reciprocal. A teacher would have good cause to com- 
plain if a board desired to remove him because it had an opportunity to 
secure a better teacher. Yet in such case if an agreement can be made, 
annulling the contract, such arrangement would be legal. But the teacher 
may insist that the board keep its part of the contract in the same spirit that 
he intends to keep his part. The same is true if it is the teacher who desires 
to have the contract annulled. 

42. Vaccination. The regulations of the state board of health require 
every person entering any public school to give satisfactory evidence of pro- 
tection by vaccination. Boards of directors and local boards of health also 
have the power to require all persons who desire to attend the public schools 
to furnish evidence of successful vaccination. 

43. Exclude children — when. The board should exclude children coming 
from houses where there are contagious diseases, and may enforce the rule 
that children not vaccinated shall not be admitted until they conform to the 
regulation demanding such protection. 

44. Government of schools. The board has full control in all matters 
relating to the government and welfare of the schools. A scholar subject to 
fits or spasms may be excluded from school by the majority of the board, 
if the presence of such scholar is thought to interfere materially with the 
progress of the school. Any one aggrieved by the exclusion of such scholar 
has the remedy to appeal to the county superintendent. See note 8, section 
2804. 

45. Comply and co-operate with board of health. It is the duty of every 
board of directors to co-operate with the local board of health in encourag- 
ing the vaccination of all school children not already protected by vaccina- 
tion. The board of directors may compel vaccination, and the majority 
vote of the board will exclude from the schools any one who will not comply 
with such reasonable rule of the board of health. 

46. When parents object. The board will be justified in refusing to per- 
mit the attendance of a child whose parent will not consent that the scholar 
shall obey the rules of the school. 31 Iowa, 562, and 50 Iowa, 145. 

47. Right to attend. The right to attend school is not absolute, but Is 
conditional upon compliance with the rules and regulations of the board. 

4 8. Board may not adopt ride. A board may not adopt a rule which will 
deprive a child of school privileges, except as punishment for breach of 
discipline or an offense against good morals. 56 Iowa, 476. 

49. Reasonable and proper rule defined. Any rule of the school, not 
subversive of the rights of the children or parents, or in confiict with hu- 
manity and the precepts of divine law, which tends to advance the object of 
the law in establishing public schools, must be considered reasonable and 
proper. 31 Iowa, 562. 

50. Absent or tardy — rules concerning. It is competent for boards to 
provide by rules that pupils may be suspended from the schools in case they 
shall be absent or tardy a certain number of times within a fixed period, ex- 
cept for sickness or other unavoidable cause. 31 Iowa, 562. 



84 SCHOOL LAWS OF IOWA 

51. Keeping child out of schooL The parent has no right to interfere 
with the order or progress of the school by detaining his claild at liome, or by 
sending him at times that prove an annoyance or hindrance to others. 31 
Iowa, 562. 

52. Acts done out of school — ^jurisdiction of board. If the effects of acts 
done out of school hours reach within the schoolroom during school hours, 
and are detrimental to good order and the best interests of the pupils, it is 
evident that such acts may be forbidden. 31 Iowa, 562. 

53. Expulsion of pupil — notice. The law does not require the board to 
give a scholar or his parents notice or chance for defense, before ordering his 
suspension or expulsion. The board has large discretionary powers. This 
is one of the matters wholly within its discretion. But it would be well for 
the board carefully to investigate the charges, before dismissing any scholar. 
Decisions, 33, 93. 

54. Suspension. Suspension is the separation of the scholar from the 
school for a limited time, and it may be either for bad conduct, for unneces- 
sary absence or tardiness, or as a sanitary measure. For good cause, a teacher 
may suspend without fixing the time, notice being also given at once to the 
board. 

55. Time of suspension should be indicated. The period of time fixed by 
the board during which suspension or expulsion shall be in force, should be 
clearly indicated in the vote of the majority of the board, as spread upon 
the records. Conditions upon which earlier re-admission is provided for, 
may very properly be given in the same connection. 

5 6. When presence detrimental. The true idea is to bring all within the 
salutary influence of the school, and to drive none out, but cases sometimes 
occur in which it becomes necessary for the board to protect the rights of the 
many by excluding a scholar whose presence and example are a constant 
menace to the successful progress of the school. 

57. Depriving of recess. The teacher has control over scholars during 
school hours, subject to the regulations of the board. He may require a 
scholar to remain in his seat during recess as a punishment. However, it is 
not wise to deprive children to any great extent, of the exercise necessary to 
their physical well-being. If recess is denied it could be given later thus 
avoiding difficulty. , 

58. Control of pupils during intermission. The teacher has as full con- 
trol over scholars during recess as at other times within the school hours 
fixed by the board. 

59. Punishment. The teacher may for the maintenance of his authority 
and the enforcement of discipline, legally inflict chastisement upon a pupil. 
The punishment should, however, be inflicted only for some definite offense 
which the pupil has committed, and the pupil should be given to understand 
what he is being punished for. 50 Iowa, 145; 45 Iowa, 248. 

60. Oversight of pupils. Teachers should exercise watchful care and 
oversight as regards the conduct and habits of their scholars, not only during 
school hours, recesses and intermissions, but also within reasonable limits 
while they are coming to and returning home from school. 

61. Teacher may dismiss. For good cause, a teacher may dismiss a 
scholar from school work without fixing the time, and require him to leave 
the school premises, notice being also at once given to the director or to the 
president of the board. 

62. Responsibility of teacher. The teacher is responsible for the dis- 
cipline of his school, and for the progress and deportment of his scholars. It 
is his imperative duty to maintain good order and require of all a faithful 
performance of their duties. If he fails to do so he is unfit for his position. 
To enable him to discharge these duties effectually, he must necessarily have 



SCHOOL LAWS OF lOWA .85 

the power to enforce prompt obedience to his requests. For this reason the 
law gives him the power, in proper cases, to inflict punishment upon refractory 
scholars. Decisions, 17. 

63. Punishment adapted to offense. In applying correction, the teacher 
must exercise sound discretion and judgment, and should choose a kind of 
punishment adapted not only to the offense, but to the offender. Corporal 
punishment is a severe remedy, and its use should be reserved for the baser 
faults. Decisions, 17. 

64. Expulsion vs. corporal punishment. In 50 Iowa, 145, the suggestion 
is made that expulsion by the board rather than severe corporal punishment by 
the teacher, is a good remedy in case of repeated and continuous violation of 
the rules. 

65. Obedience essential. In the school as in the family there exists on 
the part of the children the obligation of obedience to lawful commands, 
subordination, civil deportment, respect for the rights of others, and fidelity 
to duty. These obligations are inherent in any proper school system, and 
constitute the common law of the school. Every scholar is presumed to know 
this law, and be subject to it, whether it has or has not been by the board 
placed in the form of written rules and regulations. 

66. Power to make a rule — how determined. See note 43, section 2 772. 
6 7. Course of study — rules and regulations — temporary officers. See sec- 
tion 2772. 

68. Compulsory attendance. Sections 2823-a to 2823-i. 

69. Appeal — wrongfulness of discharge determined. Note 29, section 
2818. 

70. Appeal — when necessary. Note 35, section 2 818. 

Sec. 2782-a. Secret societies and fraternities prohibited in schools. 

That from and after the passage of this act it shall be unlawful for 
any pupil, registered as such, and attending any public high school, 
district, primary, or graded school, which is partially or wholly main- 
tained by public funds, to join, become a member of, or to solicit any 
other pupil of any such school to join, or become a member of any se- 
cret fraternity or society wholly or partially formed from the member- 
ship of pupils attending any such schools or to take part in the organi- 
zation or formation of any such fraternity or society, except such so- 
cieties or associations as are sanctioned by the directors of such schools. 
[33 a. A., ch. 185, § 1.] 

Sec. 2782-b. Enforcement. The directors of all such schools shall 
enforce the provisions of section one of this act, and shall have full 
power and authority to make, adopt, and modify all rules and regu- 
lations which, in their judgment and discretion, may be necessary for the 
proper governing of such schools and enforcing all the provisions of 
section one of this act. [33 G. A., ch. 185, § 2.] 

Sec. 2782-c. Suspension or dismissal. The directors of such schools 
shall have full power and authority, pursuant to the adoption of such 
rules and regulations made and adopted by them, to suspend, or dismiss 
any pupil or pupils of such schools therefrom, or to prevent them, or 
any of them, from graduating jor participating in school honors when, 
after investigation, in the judgment of such directors, or a majority 
of them, such pupil or pupils are guilty of violating any of the pro- 



86 SCHOOL LAWS OF IOWA 

visions of section 1 of this act, or who are guilty of violating any rule, 
rules or regulations adopted by such directors for the purpose of gov- 
erning such schools or enforcing section one of this act. [33 G, A., ch. 
185, § 3.] 

Sec. 2782-d. Rushing or soliciting to join prohibited — jurisdiction 
— penalty. It is hereby made a misdemeanor for any person, not a 
pupil of such schools, to be upon the school grounds, or to enter any 
school building for the purpose of "rushing" or soliciting, while there, 
any pupil or pupils of such schools to join any fraternity, society, or 
association organized outside of said schools. All municipal courts and 
justice courts in this state shall have jurisdiction of all offenses commit- 
ted under this section, and all persons found guilty of such offenses 
shall be fined not less than two dollars nor more than ten dollars, to be 
paid to the city or village treasurer, when such schools are situated in- 
side of the corporate limits of any city or village, and to the county 
treasurer, when situated outside of the corporate limits of any such 
city or village, or upon failure to pay such fine, to be imprisoned for 
not more than ten days. [33 G. A., ch. 185, § 4.] 

Sec. 2783. Use of contingent fund — free text-books. It may pro- 
vide and pay out of the contingent fund to insure school property such 
sum as may be necessary; and may purchase dictionaries, library books 
including books for the purpose of teaching vocal music, maps, charts 
and apparatus for the use of the schools thereof to an amount not ex- 
ceeding twenty-five dollars in any one year for each schoolroom under 
its charge ; and may furnish school books to indigent children when they 
are likely to be deprived of the proper benefits of school unless so 
aided ; and shall, when directed by a vote of the district, purchase and 
loan books to scholars, and shall provide by levy of contingent fund 
therefor. [30 G. A., ch. 115; 26 G. A., ch. 37; 25 G. A., ch. 34; 21 G. 
A., ch. 107; 19 G. A., ch. 149, § 1 ; C. '73, § 1729.] 

Notes: 1. Insuring property. This section confers upon all boards the 
right to insure school property, and this duty should not be neglected. Insur- 
ance of school property may be effected either in a stock or mutual company 
which is legally authorized to do business in the state. Code, section 1759. 

2. Records and supplies. Purchase of records, dictionaries, apparatus 
and similar supplies for the use of the district may not be made by contract 
under section 2824, but all such articles will be bought under this section. 
Note 4 to section 2824. 

3. Necessary expenses. Definite provision should be made by the board 
for the usual necessary contingent expenses of the schools during the year, 
before contingent fund is taken to purchase any of the articles named in 
this section. Section 2768. 

4. Patriotism. There can be no doubt that one of the purposes of the 
school is to teach patriotism to the children. It is the duty of school boards to 
use available contingent funds to purchase a flag to be used as apparatus in the 
schoolroom, on the school building, or upon the school grounds. 

5. When not in session. A purchase of apparatus made with the consent 
of the board when not in session, is. a clear violation of the law, but accep- 
tance and retention of the benefits by the district may make it liable under 
the contract. 117 Iowa, 319; 117 Iowa, 694; 70 Iowa, 320; 13 Iowa, 555. 



SCHOOL LAWS OF IOWA 87 

6. liiability of members. Members of boards giving orders for apparatus 
in tbeir individual capacity assume personal responsibility and may thus ren- 
der themselves liable for payment as individuals unless it appears that the 
purchase was for the benefit of the school corporation. 117 Iowa, 319. 

7. Prearrangement not binding. The members of a school board can- 
not, by a prearrangement or contract entered into when not in session, bind 
themselves afterwards to ratify or confirm a contract or engagement thus 
entered into. The distinction here is that while a board, in session, may 
ratify a contract made out of session, the members cannot individually bind 
themselves to do so. 117 Iowa, 319. 

8. Free text books. These provisions afford all districts the opportunity 
to supply free books, so that every indigent child may continuously enjoy the 
privileges of school. It is believed that if districts will take action in ac- 
cordance with the spirit of the law, the percentage of attendance at school 
can be materially increased, and the usefulness of our schools to all the chil- 
dren greatly enhanced. See sections 2836, 2837. 

9. Purchase of supplies — warrant — when void. A warrant executed by 
the president and secretary of a school board without the authority of the 
rest of school board, in payment for school supplies contracted for by a ma- 
jority of the board (when not in session), is void. 117 Iowa, 319; 109 N. W., 
1093. 

10. Confirmation of contract. The defeating of a motion to refuse to 
accept supplies (order by a majority of the members of the board when not 
in session) was a confirmation of, and approval of the order. 117 Iowa, 319. 
See also 116 Iowa, 275; 7 Iowa, 509; 50 Iowa 100; 67 Iowa, 164; 109 N. W., 
1093. 

11. Boolcs, maps, apparatus, indebtedness. Section 2 783, code 1897, per- 
mits a school board to charge the contingent fund with an indebtedness in 
excess of the unappropriated money on hand, but the amount may not exceed 
twenty-five dollars for each regular school. 118 Iowa, 540; 116 Iowa, 275; 
117 Iowa, 319. 

Sec. 2784. Water-closets. It shall give special attention to tlie 
matter of convenient water-closets or privies, and provide on every 
schoolhonse site, not within an independent city or town district, two 
separate buildings located at the farthest point from the main entrance 
to the schoolhonse, and as far from each other as may be, and keep them 
in wholesome condition and good repair. In independent city or town 
districts, where it is inconvenient or undesirable to erect two separate 
outhouses, several closets may be included under one roof, and if out- 
side the schoolhonse each shall be separated from the other by a brick 
wall, double partition, or other solid or continuous barrier, extending 
from the roof to the bottom of the vault below, and the approaches to 
the outside doors for the two sexes shall be separated by a substantial 
close fence not less than seven feet high and thirty feet in length. [25 
G. A., ch. 3.]' 

Notes: 1. Provisions mandatory. This provision of the law requiring 
it to take special pains with regard to outbuildings is mandatory upon every 
board. A director may not refuse to carry into effect instructions from the 
board with regard to such a matter. And a board refusing to give attention 
to the subject risks a censure from a court if its failure or refusal to provide 
proper facilities as regards privies or water-closets is brought to the atten- 
tion of a court. See also section 2822. 



88 SCHOOL LAWS OF IOWA 

2. Defacing public property. If any person wilfully write, make marks, 
or draw characters on the walls or any other part of any church, college, 
academy, schoolhouse, courthouse or other public building, or on any furni- 
ture, appartus or fixtures therein; or wilfully injure or deface the same, or 
any wall or fence enclosing the same, he shall be fined not exceeding one 
hundred dollars, or imprisoned in the county jail not more than thirty days. 
Code, section 4802. 

3. Teacher's duty. Very much depends upon teachers to determine the 
manner in which this law is observed. A listless indifference, a half-hearted 
activity, a want of confidence, will defeat the purpose of the law for the time 
at least. Serious consideration, a high-minded approbation of its intention, 
a courageous insistence upon its observance, together with untiring attention 
and frequent inspection, will make the law a continued success. No con- 
scientious teacher will be irresolute, when the immeasurable interests involved 
are regarded. 

4. May invoke assistance of peace officers. Teachers should not hesitate 
to bring the case of persistent offenders to the attention of the board. As a 
last resort it may become necessary for the board to invoke the assistance of 
the peace officers. It sometimes happens that nothing less than a strong arm 
of the civil authorities is able to compel a respect for law, and a decent regard 
for the rights of others. No community may justly claim to be a moral 
people, who knowingly fail to guard and preserve the purity, the morals, and 
the health, of its children and youth. 

Sec. 2785. Duties of director — contracts — enumeration. The board 
of directors of a school township may authorize the director of each 
subdistrict, subject to its regulations, to make contracts for the pur- 
chase of fuel, the repairing or furnishing of schoolhouses, and all other 
matters necessary for the convenience and prosperity of the schools in 
his subdistrict. Such contracts shall be binding upon the school town- 
ship only when approved by the president of the board, and must be 
reported to the board. Each director shall, between the first and fif- 
teenth days of June in each year, prepare a list of the heads of families 
in his subdistrict, the number and sex of all children of school age, and 
by the twentieth day of said month report this list to the secretary of 
the school township, who shall make full record thereof. The powers 
specified in this section cannot be exercised by individual directors of 
independent districts. [31 G. A., ch. 136, § 9; C. 73, §§ 1753-5; R., §§ 
2052-3; C. '51, §§ 1124, 1142.] 

Notes: 1. Powers — how exercised. It is a general statement that nearly 
all the powers of the director are to be exercised under the regulations of the 
board. Any person about to contract is bound to know what restrictions have 
been made, and should be governed accordingly. 

2. Directoi' — ^^power of. The director is clothed with certain general pow- 
ers by this section, but these are to be exercised under the direction of the 
board. The board must instruct him, for example, as to the extent of repairs, 
and prices to be paid for same, and the amount and cost of fuel. 

3. Powers possessed by officers. School officers are possessed of spe- 
cially defined powers and should attempt to exercise no others, except such 
as arise by fair implication from those granted. 110 Iowa, 652. 

4. Director may not contract. No director has authority to make a con- 
tract in behalf of the school township, except under specific instructions of 
the board. 

5. Approval of contracts. All contracts made by the director must be 
approved by the board and signed by the president. 



SCHOOL LAWS OF IOWA 89 

6. Liability of director. If a director intentionally violates law he be- 
comes personally liable. 14 Iowa, 510; 17 Iowa, 155; 24 Iowa, 337; and 38 
Iowa, 47. 

7. Liability of agent. If an agent makes a valid contract without author- 
ity, he is himself bound thereby. 37 Iowa, 314. 

8. Member may not receive compensation. It is a violation of law for 
a board to pay any member of the board for labor as a building committee, 
for attendance at meetings, or for any other service performed for the district 
whether official in character or not. Section 2780. 

9. Member may not be emi>loye<l at compensation. A member may not 
be employed by the board to oversee the building of a schoolhouse and re- 
ceive pay therefor, or to act in any like capacity for which he would be paid 
from the funds of the district. Such engagement is contrary to public policy 
and clearly illegal. 78 Iowa, 37, and 87 Iowa, 81. 

10. Approval of contract. It is the duty of the director to file any con- 
tract at once with the president of the board, who should submit the same to 
the board for approval. 

11. Enumeration record. A record book containing the enumeration cor- 
rectly filled out will be of much assistance to the director each year. 

12. Where enumerated. Minor children at a state institution, or a private 
school, should be enumerated where their parents or guardians reside. 

13. Failiu'e to enumerate. The failure of a director to make the report, 
as required by this section, will reduce the semi-annual apportionments for 
the year, since they are made upon the enumeration of persons of school 
age. Section 2808. 

14. Director report. In school townships the secretary should require 
the director of each subdistrict to make this report promptly, and should in- 
sist that it be made in writing, and certified to be correct. Directors in inde- 
pendent districts do not take the enumeration. 

15. AVilful failure. A wilful failure or refusal on the part of the director 

to make the report to the secretary as required may be found by the courts 
to be a misdemeanor. Code, section 4904, and section 2822. 

16. Duty of secretary. In case a director fails to make his annual report 
as required the secretary should at once collect the statistics necessary for 
a complete report. The board should insist on promptness in preparing this 
report, and then should give the secretary a suitable compensation for his 
labors. Sections 2764, 2765. 

Sec. 2786. Industrial exposition. The board of any school cor- 
poration or the director of any subdistrict deeming it expedient may, 
under the direction of the county superintendent, hold and maintain an 
industrial exposition in connection with the schools of such district, such 
exposition to consist in the exhibit of useful articles invented, made or 
raised by the pupils, by sample or otherwise, in any of the departments 
of mechanics, manufacture, art, science, agriculture and the kitchen, 
such exposition to be held in the schoolroom, on a school day, as often 
as once during a term, and not oftener than once a month, at which the 
pupils participating therein shall be required to explain, demonstrate 
or present the kind and plan of the articles exhibited, or give its method 
of culture; and work in these several departments shall be encouraged, 
and patrons of the school invited to be present at each exhibition. [15 
G. A., ch. 64.] 

Sec. 2787. Shade trees. The board of each school corporation shall 
cause to be set out and properly protected twelve or more shade trees 



90 SCHOOL LAWS OF IOWA 

on each scboolhouse site where such trees are not growing. The county 
superintendent, in visiting the several schools of his county, shall call 
the attention of any board neglecting to comply with the requirements 
of this section to any failure to carry out its provisions. [19 G. A., 
ch. 23.] 

Notes: 1. Trees should be planted. Trees should be set out on all 

schoolhouse sites where good, thrifty shade trees are not already growing, 
whether such site was secured by purchase, by lease, by gift, or by condem- 
nation under sections 2814, 2816. 

2. Duty of county superintendent. County superintendents should not 
fail to call the attention of boards of directors to the provisions of this sec- 
tion. The annual Arbor Day affords a good opportunity for planting trees 
and otherwise improving the school grounds. 

3. Reporting. In reporting the number of shade trees on the school 
site, planted trees only should be reported. Section 2765. 

Sec. 2788. Teacher — qualifications. No person shall be employed 
as a teacher in a common school which' is to receive its distributive 
share of the school fund without having a certificate of qualification 
given by the county superintendent of the county in which the school is 
situated, or a certificate or diploma issued by some other officer duly 
authorized by law and no compensation shall be recovered by a teacher 
for services rendered while without such certificate or diploma. [C. 
'73, § 1758; R., § 2062.] 

Notes: 1. Certificate necessary. The teacher must have a certificate 
during the whole term of school. He is not authorized to teach a single day 
beyond the period named in his certificate, nor to give instruction in any 
subject which he does not hold a valid credential to teach. In case of a 
violation of this section the county superintendent should promptly notify 
the officers of the board. 

2. Without a certificate. If a person is teaching without a certificate any 
one interested in a legal sense may apply to a court for a writ to prevent the 
board from continuing such instruction, and to restrain the board from 
paying for the same. 

3. Illinois case. In an Illinois case a certificate was not obtained until 
the middle of the term. A new contract was entered into at that time to pay 
the teacher double wages for the remainder of the term. This was consid- 
ered an attempt to do indirectly what there was no power to do directly, 
and therefore the contract was held to be void, as was the original contract. 

4. Supply — payment of. In case of the temporary absence of the teach- 
er from sickness or other cause, the place should be supplied with some one 
duly authorized to teach. The supply should be paid by the teacher whose 
place is filled, unless other provision is made, either by regulation or contract. 

5. Rights of patrons. In case a person is employed or continued as a 
teacher in violation of law without a certificate, a resident of the district may 
sue out a writ of injunction restraining the person from teaching and the 
district from paying. Boards employing and paying such teachers are liable 
to prosecution under the provisions of the general statutes for misapplica- 
tion of funds. Code, section 4904, 4906 and 2822. 

Sec. 2789. Keep register — report. Each teacher shall keep a daily 
register which shall correctly exhibit the name or the number of the 
school, the district and county in which it is located, the day of the 
week, month, year, and the name, age and attendance of each scholar, 
and the branches taught ; and when scholars reside in different districts 
separate registers shall be kept for each district, and a certified copy of 



SCHOOL LAWS OF IOWA 91 

the register shall immediately at the close of the school be filed by the 
teacher in the office of the secretary of the board. The teacher shall 
file with the county superintendent such reports and in such manner as 
he may require. [C. 73, §§ 1759-60; R., § 2062.] 

Notes: 1. Necessity of coirect record. Every teacher should take great 
pains to keep the register required by this section very carefully, in order 
that the term report may be made out correctly. By doing so the secretary 
Xvill be able to make his annual report with greater ease, and with added 
accuracy. All books and blanks necessary for keeping record of attendance 
and making reports to the board and to the county superintendent must 
be furnished by the board. 

2. Term report. The teacher should file a complete and accurate copy 
of the daily register with the secretary immediately after the close of the 
term or year. He is not entitled to final settlement until this is done. The 
secretary should insist on this report before drawing the warrant for the 
last installment of the wages. Without this report he cannot prepare his 
annual report as the law directs it to be made. The secretary should care- 
fully examine the report to see whether the record is complete in all re- 
spects. 

3. Comply with directions of county superintendent. It is the duty of 
every board to see that the teachers comply strictly with all requirements made 
by the county superintendent, as well as with all rules made by the board. 
Decisions, 47. 

4. Board may require reports. It is within the power of the board to 
require such reports from teachers as seem desirable for the information of 
the board. It may require reports weekly, monthly, by the term, by the year, 
or all of these together. It is the duty of teachers to comply with the 
regulations of the board, so far as it is within the power of the teachers to 
do so. 

5. All teachers report. Every teacher in the county may be required to 
make such reports, agreeing with the spirit of the law, as the county super- 
intendent may request, in such form and at such reasonable time as the county 
superintendent may determine. 

6. In case of refusal. The continued refusal to comply with all uniform 
and reasonable regulations made by the county superintendent, or by the 
board, on the part of any one employed as a teacher, constitutes good cause 
for revocation or subsequent refusal of certificate, or for dismissal by the 
board. Sections 2734-u, 2782. 

7. Non-resident pvipils. The record of attendance of non-resident pupils 
must be kept separate from that of those residing in the ■ corporation. This 
does not mean that different books shall be kept. 

CORPORATIONS— ORGANIZATION— CHANGE OF BOUNDARIES. 

Sec. 2790. New township. When a new civil township is formed 
the same shall constitute a school township, which shall go into effect 
on the first Monday in March following the completed organization of 
the civil township. The notices of the first meeting shall be given by 
the county superintendent, and at such meeting a board of three direc- 
tors shalfbe chosen. [C. '73, § 1713.] 

Notes: 1. Purpose of the law. The design of the law is that cjvil and 
school township boundaries shall coincide as far as possible. Code, sections 
551, 552 and 2743. 

2. When organized. A new school township is not organized until the 
month of March after an election of officers for the civil township. 



92 SCHOOL LAWS OF IOWA 

3. Boundaries of subdistricts. The boundaries of, subdistricts lying 
wholly within the old or new school townships are not affected by the division 
of civil townships. 

4. WTien subdistricts are divided. When subdistricts are divided by 
changes in civil township boundaries, the boards should incorporate the sev- 
eral parts with other subdistricts, or otherwise provide for such territory, 
so that all entitled may vote at the following subdistrict election. In the 
absence of such action the territory properly belongs to the subdistrict which 
it adjoins, and the voters should be allowed to vote therein. 

Sec. 2791. Attaching territory to adjoining corporation. In any 
case where, by reason of natural obstacles, any portion of the inhabi- 
tants of any school corporation in the opinion of the county superin- 
tendent cannot with reasonable facility attend school in their own 
corporation, he shall, by a written order, in duplicate, attach the part 
thus affected to an adjoining school corporation, the board of the same 
consenting thereto, one copy of which order shall be at once transmitted 
to the secretary of each corporation affected thereby, who shall record 
the same and make the proper designation on the plat of the corpora- 
tion. Township or county lines shall not be a bar to the operation of 
this section. [C. 73, § 1797.] 

Notes: 1. Natural obstacles — what constitutes. The natural obstacle 
must be a large stream unbridged, an impassable slough, the entire absence 
of a public highway, or some such natural insurmountable difficulty. 

2. Petition must allege obstacle. A petition which does not allege the 
existence of natural obstacles, and where, in fact, no such obstacles exist, 
is invalid. 62 Iowa, 616; 110 Iowa, 30. 

3. What not obstacles. Streams well bridged and distance are not 
natural obstacles in the contemplation of the law. 

4. Jurisdiction of county superintendent. As the county superintendent 
has original concurrent jurisdiction, an appeal cannot be taken from refusal 
by the board to accept the territory. 109 Iowa, 169. 

5. Assets and liabilities. When the boundaries of districts are changed 
the territory transferred carries with it a just proportion of all assets and 
liabilities of the district from which it is taken. Section 2802; 58 Iowa, 77; 
110 Iowa, 702. 

6. Attaching territory, natural obstacle. Acting under section 2 791 a 
division made on petition which does not allege the existence of such ob- 
stacles and where, in fact, no such obstacles exist is invalid. 110 Iowa, 30; 
109 Iowa, 169. 

7. County superintendent. The action of the county superintendent as 
herein provided is essential. Townsend v. Garrett, 152 N. W., 565. 

See. 2792. Restoration. Where territory has been or may here- 
after be set off to an adjoining school township in the same or another 
county, or attached for school purposes to an independent district so 
situated, it may be restored to the territory to which it geographically 
belongs upon the concurrence of the respective boards of directors, and 
shall be so restored by said boards upon the written application of 
two-thirds of the electors residing upon the territory so set off or at- 
tached, together with a concurrence of the county superintendent and 
the board of the school corporation which is to receive back the terri- 
tory. [19 G. A., ch. 160; 18 G. A., ch. Ill; C. '73, § 1798.] 



SCHOOL LAWS OF IOWA 93 

Notes: 1. Two methods. It will be noticed that two distinct and sep* 
arate methods are provided by this section. 

2. AVlien take effect. The restoration may take effect at any time agreed 
upon, but if no agreement is made, it will take effect the following March. 
59 Iowa, 109. 

3. Assets and liabilities. When the boundaries of districts are changed, 
the territory transferred carries with it a just proportion of all assets and 
liabilities of the district from which it is taken. 58 Iowa, 77. Section 2802. 

4. Action on petition — mandamus. Where the law is mandatory in re- 
quiring a board to act upon a petition, the remedy for its refusal to do so 
is mandamus, and not appeal. 86 Iowa, 669. 

5. How test. Any conflict between districts with regard to boundaries 
will be best determined by the one aggrieved asking a court to restrain the 
county treasurer from paying taxes to the other district, on the ground that 
the district complaining is entitled to receive said taxes. 100' Iowa, 617. 

6. Restoration of territory. Code, section 2 792, relating to severance 
(restoration) of territory of an independent school district, applies only to a 
restoration of territory attached to an independent district after its organiza- 
tion, and not to a portion embraced in the original district. Albin v. Board 
of Directors, 58 Iowa, 77, reversed; 124 Iowa, 213. 

7. Original territory. This provision has no application to the severance 
of a portion of the territory originally included in such district. WiUiams 
V. Core, 124 Iowa, 213, 99 N. W. 732. 

Sec. 2793. Boundary lines changed. The boundary lines of con- 
tiguous school corporations may be changed by the concurrent action 
of the respective boards of directors at their regular meetings in July, 
or at special meetings thereafter called for that purpose. The cor- 
poration from which territory is detached shall after the change con- 
tain not less than four government sections of land, and its boundary 
lines must conform to the lines of congressional divisions of land. In 
the same manner, the boundary lines of contiguous school corpora- 
tions may be so changed that one corporation shall be included in and 
consolidated with the other as a single corporation. [34 G. A., ch. 142; 
31 G. A., ch. 136, § 10; 22 G. A., ch. 62, § 1.] 

Notes: 1. County and tOAvnship line not a bar. County and township 
lines are not a bar to a change of boundaries under section 2793. 

2. New boards necessary. Whenever a change is made in the boundary 
between two school corporations, both corporations must elect entire new 
boards at the next regular annual election. See attorney general, report 1906, 
page 194. Note 22, section 2802. 

3. Board members — w^hen to take oft'ice. If such change in boundaries 
occurs between March 1 and July 1, the members in office would act until July 
1, when the boards would proceed under new organizations just as though no 
change in boundaries occurred, until new boards have been regularly elected 
and duly organized in accordance with the change in boundaries. 

Sec. 2793-a. Corporation limits changed. When the boundary line 
between a school township and an independent city or town district 
is not also the line between civil townships, such boundary may be 
changed at any time by the concurrence of the boards of directors; but 
in no case shall a fortv-acre tract of land, by the government survey, be 
divided; and such subdivisions shall be excluded or included as entire 
forties. The boundaries of the school township or the independent dis- 



94 SCHOOL LAWS OF IOWA 

trict may in the same manner be extended to the line between civil 
townships, even though by such change one of the districts shall be 
included within and consolidated with the other as a single district. 
When the corporate limits of any city or town are extended outside 
the existing independent district or districts, the boundaries of said 
independent district or districts shall be also correspondingly extended. 
But in no case shall the boundaries of an independent district be 
affected by the reduction of the corporate limits of a city or town. 
[27 G. A., ch. 89.] 

Notes: 1. Township line a bar. If the boundary between an independent 
city or town district and a school township is also the line of a civil township, 
such boundary may not be changed under authority of section 2793-a, but may 
be under section 2793. 

2. Extension of corporate limits — effect. When the corporate limits of 
a city or town in an independent district are extended beyond the boundary of 
the school corporation, the boundary of the school corporation is thereby ex- 
tended, regardless of the effect upon the territory of the adjacent school cor- 
poration. See 120 Iowa, 119. 

3. Original incorporation — effects. The original incorporation as a town 
of territory embracing parts of several independent school districts has no 
effect upon the boundaries of the school district, but they continue the same 
as before the incorporation. 142 Iowa, 8. 

4. New boards necessary. See notes 2, 3, 4, section 2793, and 22, sec- 
tion 2802. 

5. Tax on new territory. Property brought into a school district by an- 
nexation after the voting and certification of a schoolhouse tax, but before 
the levy of such tax, is subject to the tax, although the owner was not a 
resident of the district at the time the election was held. Grout v. Tiling- 
worth, 131 Iowa, 281; 108 N. W. 528. 

6. Control in hands of voters. This section is not invalid as delegatin*; 
to municipal authorities control over the boundaries of a school district, since 
the actual control is in the hands of the voters and not the municipal author- 
ities. Wise V. Palmer, 147 N. W. 167. 

Sec. 2794. Formation of independent district. Upon the written 
petition of any ten voters of a city, town or village of over one hundred 
residents, to the board of the school corporation in which the portion of 
the town plat having the largest number of voters is situated, such board 
shall establish the boundaries of a proposed independent district, includ- 
ing therein all of the city, town or village, and also such contiguous ter- 
ritory as is authorized by a written petition of a majority of the resident 
electors of the contiguous territory proposed to be included in said dis- 
trict, in not smaller subdivisions than entire forties of land, in the same 
or any adjoining school corporations, as may best subserve the con- 
venience of the people for school purposes, and shall give the same notices 
of a meeting as required in other cases, at which meeting all voters upon 
the territory included within the contemplated independent district shall 
be allowed to vote by ballot for or against such separate organization. 
When it is proposed to include territory outside the town, city or vil- 
lage, the voters residing upon such outside territory shall be entitled to 
vote separately upon the proposition for the formation of such new dis- 
trict, by presenting a petition of at least twenty-five per cent, of the 



SCHOOL LAWS OP IOWA 95 

voters residing upon such outside territory, and if a majority of the 
votes so cast is against including such outside territory, then the pro- 
posed independent district shall not be formed, provided that a sub- 
district containing a village with a population of seventy-five or more, 
may, under the provisions of this act organize into an independent 
school district. [36 G. A., H. F. 96, § 1; 29 G. A., ch. 126, § 1 ; 19 G. 
A., ch. 118, § 1; 18 G. A., ch. 139; C. '73, §§ 1800-1; R., §§ 2097, 2105.] 

Notes: 1. Where reside. The one hundred residents must be contained 
within the limits of the town or village. Additional territory should be secured 
by the board in forming the new independent school district. 

2. How number determined. The last official census will, as a general 
rule, be sufficiently accurate to determine questions relating to the popula- 
tion, but in case of doubt, the actual existing facts govern, which may be 
ascertained by any reliable means. 77 Iowa, 676. Code, section 177. 

3. Must include. The contemplated independent school district must in- 
clude all of the city, town or village, and may include all contiguous territory 
petitioned for. 110' Iowa, 652. Decisions, 91. 

4. Board must act on petition. When the required petition is presented 
the law is mandatory upon the board to establish the boundaries and submit the 
proposition. 110 Iowa, 652. Decisions, 71, 97. 

5. Determining boundary. The board may determine the boundaries of 
the proposed corporation, subject to the following: 

(1) All of the town or village must be included; 

(2) Territory not described in the petition may not be included; 

(3) It is not necessary to include all territory described in the petition. 
110 Iowa, 652. 

6. Formation of independent to«ii districts — effect on districts from 
which territory is talcen is immaterial. A portion of a rural independent dis- 
trict may be included with part of a school township and the new independent 
district formed under code, section 2794, although there remain in the inde- 
pendent district thus severed less than four sections of land, and in so con- 
struing said section it may be necessary to extend its provisions to include 
independent districts. 120 Iowa, 119. See also school totcnship of Bloomfield 
V. Independent District of Castalia, 112 N. W. 5. 

7. Boundaries — time as an element. Time does not settle the bound- 
aries of an independent district so that they cannot be changed according to 
law. 120 Iowa, 119. 

8. Electors detemiine desirability. It is for the electors and not the 
board to determine the desirability or necessity of the independent organiza- 
tion. 110 Iowa, 652. 

9. Confonn to congressional divisions. When the boundaries extend be- 
yond the limits of a town or city, they must conform to lines of congressional 
divisions of land. Note 9 to section 2801. 

10. Which board. The board of the school corporation in which a major- 
ity of the voters on the town plat reside, must establish the boundaries of 
said district without the concurrence of any other board, even when said ter- 
ritory is taken from two or more civil townships in the same or adjoining 
counties. 41 Iowa, 30; 25 Iowa, 305. 

11. Notices. The notices of the election to determine the question of a 
separate organization should state clearly the boundaries of the proposed 
district. 

12. Wlio vote. All of the electors residing within the proposed limits 
must be permitted to vote on the question of separate organization. 

13. Separate ballot. The electors residing on the territory to be in- 
cluded, but outside of the town or village, are entitled to vote separately on the 
proposition if they ask such privilege by petition, either to the board or to 
the judges of the election. 



96 SCHOOL LAWS OF IOWA 

14. I>esirability — determined by. The desirability or necessity of the in- 
dependent district is for the people to determine and not the board. 110 
Iowa, 652. 

15. Judges. The president and secretary of the school corporation should 
act as chairman and secretary of this meeting, and with one of the board, as 
judges of the election. 

16. Incorporation of town. The incorporation of a town does not in itself 
affect the school organization of the district in which the town may be situ- 
ated. However, it does change the method of choosing the treasurer. See 
sections 2754 and 2757. 

17. Village— defined. Town sites platted and unincorporated shall be 
known as villages. Code, section 638. 

18. Organization. Section 2795. 

19. Effect upon adjacent corporation. The fact that the territory of an 
adjacent rural independent district from which territory is taken is reduced 
below four governmental sections does not affect the validity of the organiza- 
tion. 120 Iowa, 119. 

20. Concurrence not necessary. An independent school district may be 
formed from territory formerly composing two or more independent districts 
or an independent district and a school township without concurrent action 
of the boards of the districts out of which the new corporation is formed. 
134 Iowa, 349. 

21. Consolidated city districts — organization of consolidated independent 
districts. See section 2S20-e and 2820-h. See section 2794-a. 

22. Judgment conclusive. A school township having once litigated to final 
judgment its rights against an independent district can not relitigate the 
same rights the simple expedient of bringing into the second action as de- 
fendants members of the board of directors who are not necessary parties. 
134 Iowa, 349. 

23. Territory outside town. All territory outside the town is outside ter- 
ritory. 128 N. W., 847. 

24. Appeal the remedy. A court of equity can not inquire into the justice 
of boundaries that are fixed by new independent districts. The remedy for 
a party aggrieved is appeal to the county superintendent. 128 N. W., 847. 

25. The addition to the notice of the name of some one, purporting to act 
as secretary of the board, who was in fact secretary, could not render the notice 
itself invalid. 153 Iowa, 598. 

26. The fact that separate elections were held in each of the territorial 
divisions proposed to be consolidated instead of a single election in the district 
to which the petition was presented, as contemplated by statute, did not inval- 
idate the organization of the district, where it appeared that a majority of all 
the electors so voting were in favor of the organization. 153 Iowa, 598. 

27. In organizing a city, town or village independent district, the posting 
of five notices in accordance with section 2746 is sufficient. 151 Iowa, 497. 

CONSOLIDATED INDEPENDENT SCHOOL DISTRICTS. 

Sec. 2794-a. Consolidated independent districts — organization — dis- 
solution, (a) Organization — petition — election — hoard of directors. 
When a petition describing the boundaries of contiguous territory con- 
taining not less than sixteen sections within one or more counties is 
signed by one third of the electors residing on such territory, and ap- 
proved by the county superintendent, if of one county, and the superin- 
tendent of each if of more than one county, and by the state superin- 
tendent of public instruction if the county superintendents do not agree, 
and filed with the board of the school corporation in which the portion 



SCHOOL LAWS OF IOWA 97 

of the proposed district having the largest number of voters is situated, 
requesting the establishment of a consolidated independent district, it 
shall be the duty of said board, within ten days, to call an election in 
the proposed consolidated district, for which they shall give the same 
notices as are required in section twenty-seven hundred forty -six of the 
code, and twenty-seven hundred fifty of the supplement to the code, 
1907, at which election all voters residing in the proposed consolidated 
district shall be entitled to vote by ballot for or against such separate 
organization. When it is proposed to include in such district a city, 
or town or village, the voters residing upon the territory outside the 
incorporated limits of such city, town or village shall vote separately 
upon the proposition for the creating of such new district. The judges 
of said election shall provide separate ballot boxes in which shall be 
deposited the votes cast by the voters from their respective territory, 
and if a majority of the votes cast by the electors residing either within 
or without the limits of such city, town or village, is against the proposi- 
tion to form a consolidated independent corporation, then the proposed 
corporation shall be formed. If a majority of the votes so cast in each 
territory shall be in favor of such independent organization, the organ- 
ization of the proposed consolidated independent school corporation, 
shall be completed by the election of a board of directors for said school 
corporation, as provided in section twenty-seven hundred ninety-five of 
the code, and when so organized shall not be reduced to less than six- 
teen sections unless dissolved as provided by this act. No school cor- 
poration from which territory is taken to form such a consolidated in- 
dependent corporation shall, after the change, contain less than four 
government sections which territory shall be contiguous and so situ- 
ated as to form a suitable corporation. And where after the formation 
of such consolidated school corporation, whether heretofore or here- 
after formed, there is left in any school township one or more sub-dis- 
tricts each of such sub-districts containing four or more government 
sections, each of such pieces of territory shall thereby become a rural 
independent school corporation, and it shall be the duty of the officers 
of the former school township to call an election in each of such rural 
independent districts for the purpose of electing school officers in the 
manner provided by law for the election of officers in rural independent 
school corporations. 

(b) Organization of hoard — taxes previously certified — levy for gen- 
eral fund. The organization of the school board in consolidated in- 
dependent school corporations shall be effected on or before the first day 
of July following their election, and when completed, all taxes previously 
certified shall be void so far as the property within the limits of the con- 
solidated independent school corporation is concerned, and the board of 
said consolidated independent school corporation shall at a regular meet- 
ing or a special meeting called for the purpose, at any time prior to the 
third Monday in August of each year, levy for the general fund of said 
school the amount of all necessary taxes for all school purposes, which 
shall not exceed fifty dollars for each person of school age, except that 
7 



98 SCHOOL LAWS OF IOWA 

where an approved high school course is maintained in such school the 
levy may be sixty dollars for each person of school age the amount so 
levied to be certified by them to the county board of supervisors on or 
before the first Monday of September in each year, and the board of 
supervisors shall levy said tax at the same time, and in the same manner 
that other school taxes are required to be levied, 

(c) Central school — transportation. It shall be the duty of the school 
board of any consolidated independent school corporation and school 
townships maintaining a central school to provide suitable transportation 
to and from school, for every cliild of school age living within said 
district, and outside the limits of any city, town or village but the board 
shall not be required to cause the vehicle of transportation to leave the 
public highway to receive or discharge occupants thereof. The board 
shall from time to time, by resolution regularly adopted, number and 
designate the route to be traveled by each conveyance in transporting 
children to and from school. The school board may require that chil- 
dren living an unreasonable distance from school shall be transported 
by the parent, or guardian, a distance of not to exceed two miles, to 
connect with any vehicle of transportation to and from school ; or may, 
in the discretion of the board, contract with an adjoining school cor- 
poration for the instruction of any child living an unreasonable distance 
from school, and they shall allow a reasonable amount of compensation 
for the transportation of children to and from the point where they are 
taken over, or discharged from, the vehicle used to convey them to and 
from school, or for transporting to an adjoining district. In determining 
what an unreasonable distance would be, consideration shall be given 
to the number and age of the children, the condition of the roads, and 
the number of miles to be traveled in going to and from school. The 
board shall have the right on account of inclemency of the weather to 
suspend the transportation of any route upon any day or days when in 
the judgment of the said board it would be a hardship on the children, 
or when the roads to be traveled are unfit or impassable. 

(d) Contracts for transportation — rules and regulations. The school 
board of any consolidated independent school corporation shall contract 
with as many suitable persons as they deem necessary for the transporta- 
tion of children of school age to and from school, such contract to be in 
writing and shall state the number of the route, the length of time con- 
tracted for, the compensation to be allowed per week of five school days, 
or per month of four school weeks, and may provide that two weeks' 
salary shall be retained by the board pending full compliance therewith 
by the party contracted with, and shall always provide that any party 
or parties to said contract and every person in charge of vehicles convey- 
ing children to and from school, shall be at all times subject to any 
rules or regulations said board shall adopt for the protection of the chil- 
dren, or to govern the conduct of the person in charge of said conveyance. 

(e) School building — tax levy — locaMon. It shall be the duty of the 
school board of any consolidated independent district to provide a suit- 



SCHOOL LAWS OF IOWA 99 

able school building within such district, and shall at any regular meet- 
ing or at a special meeting called for that purpose submit the question 
of levying a tax for the building of any school building suitable for the 
needs of the district, or for the repairing of any school building where 
the cost of such repairs exceeds the sum of two thousand dollars to the 
qualified voters of said district, and all moneys received from such source 
to be placed in the schoolhouse fund of said corporation and to be used 
for such purposes only. In locating said building they shall take into 
consideration the geographical position, number and convenience of the 
scholars, and may submit the question of location to the voters of the 
district at any regular meeting or special meeting called for that pur- 
pose ; providing that whenever a city, town or village containing a school 
population of twenty-five or more, is included within any consolidated 
independent district, then said building shall be located within the in- 
corporated limits of said city, town or village, on such a site as the 
school board may determine. 

(f ) Dissolution — petition — election — hoards of directors — division of 
assets and liabilities. Whenever a petition signed by one-third of the 
electors in a consolidated independent school corporation asking that said 
district be dissolved and describing the boundaries of the district or dis- 
tricts proposed to be organized out of the territory then included in such 
consolidated independent school corporation and having the approval of 
the county superintendent, if one county, and the superintendent of each 
if more than one county, and by the state superintendent of public in- 
struction if the county superintendents do not agree, is filed with the 
board of said consolidated independent district, it shall be the duty of 
said board within ten days to call an election for which they shall give 
the same notices as are required in section twenty-seven hundred forty- 
six of the code, and twenty-seven hundred fifty of the supplement to 
the code, 1907, at which election all voters residing within the district 
shall be allowed to vote by ballot for or against such dissolution. If a 
majority of all votes cast at said election be in favor of dissolving the 
consolidated district, same shall be dissolved and the organization of a 
new district or districts be forthwith completed by the election of a board 
of directors as provided by statute ; provided, however, that such dis- 
solution shall become effective only when the reorganization of the terri- 
tory included in the original consolidated district is completed. The 
assets and liabilities of any such school corporation thus dissolved shall 
be equitably divided as provided in section twenty-eight hundred and 
two of the supplement to the code, 1907. 

(g) Violation of transportation rules and regulations — penalty. Any 
person driving, managing, or in charge of any vehicle used in trans- 
porting children to and from school in any consolidated independent 
school corporation who shall be found guilty of violating any of the 
rules and regulations adopted by the board of said school for the guid- 
ance of any person in charge of such conveyance, shall be guilty of a 
misdemeanor, and for the first offense shall be fined not less than five 



100 SCHOOL LAWS OP IOWA 

dollars or more than ten dollars and for a subsequent offense shall be 
fined not less than twenty-five dollars or more than fifty dollars and shall 
be dismissed from the service. [36 G. A., H. F. 354, § 1; 36 G. A., S. 
F. 101, § 1 ; 34 G. A., ch. 143, § 1 ; 31 G. A, eh. 141.] 

1. Sufficiency of notice. As to sufficiency of notice of election see 
Scofielcl V. Ferguson, 151 N. W., 497; Townsend v. Garrett, 152 N. W., 565; Con- 
solidated Dist. V. Martin, 152 N. W., 623. 

2. Legality of election. Tlie legality of the election is not affected by 
the petition calling for the location of the school house at or near a particular 
locality. Consolidated Independent School Dist. v. Martin, 152 N. W., 623. 

A sub-district of a school district township is not a "school corporation" 
within the meaning of the provision requiring that no school corporation from 
which territory is taken shall, after the change, contain less than four govern- 
ment sections. Ibid. 

3. Separate ballot bo\es. The failure to provide separate ballot boxes 
as provided by Par. (a) of this section was held not to invalidate the election 
v/hen it was shown that all the votes within the limits of the platted village 
were in favor of consolidation, and that a large majority of the votes in the 
territory outside of the platted city limits were in favor of consolidation. 
State V. Booth, 149 N. W., 244. 

4. Platted villages. Where a portion of a platted but unincorporated 
village was sought to be included in a school corporation by virtue of an elec- 
tion, a failure to provide separate ballot boxes for the district, including the 
village, and for the outside territory, did not render the election void. Ibid. 

The word "incorporated" as it appears in Par. (a) of this section in refer- 
ence to the limits of villages is construed as meaning the same as "platted." 
Ibid. 

5. Reduction of territory. As to whether the territory of consolidated 
school districts organized under the provisions of this section may be subse- 
quently reduced by the organization of other school districts of the same char- 
acter, the judges of the court were equally divided. State v. Board of Direct- 
ors, 148 Iowa, 487; 127 N. W., 982. 

6. Special elections. This section contemplates that the question may be 
submitted at a special election. Wallace v. Independent School Dist., 150 Iowa, 
711; 130 N. W., 804. 

7. Transportation. Transportation as provided in section 2794-a does 
not apply to schools organized under section 2794, but applies to consolidated 
schools only. However, transportation in the rural schools is many times 
advisable. Decision, 125. 

8. Boundaries. The description of the boundaries given in the original 
notice and the notice of election should be the same. Decision, 129. 

9. Notice. The statute, however, does not require that the description 
shall be printed on the ballot as the voters have ample opportunity to familiar- 
ize themselves with the posted description of the territory included in the 
consolidation. Decision, 129. 

10. JNotice. Ten days' notice is necessary but in computing time the first 
shall be excluded anfi the last day included. The notice must bring the meet- 
ing to the attention of the voter at the very time that he is called upon to vote. 
152 Iowa, 623. 

11. Unplatted tracts. Tracts not platted for the purpose of creating a 
town or village can scarcely be considered within the contemplation of this law. 
152 Iowa, 623. 

12. Subdistrict may be divided. A subdistrict is not a school corporation 
hence may be divided in forming a consolidated district. In case such sub- 
district be divided the remedy is re-arrangement of the remaining territory in 
the township. 152 Iowa, 623. 



SCHOOL LAWS OF IOWA • 101 

13. Unincorporated villagjes. Ordinarily tlie statute is applicable to the 
unincorporated village and the limits of such villages are to be ascertained 
from the platting thereof. 

14. Twx) ballot boxes. In forming a consolidated district under Section 
2794-a two ballot boxes are necessary if a city, town or village be included in 
the proposed district. 151 N. W., 56. 

15. Nnmber of notices. It is not necessary that five notices be posted in 
each independent school district in establishing a consolidated school corpora- 
tion. 152 Iowa, 565. 

16. Constitutionality. This statute is not unconstitutional because not 
providing an appeal to the county superintendent. 165 Iowa, 697. 

17. Consolidated districts may reorsanize. A consolidated district which 
has once been formed may extend its boundaries by repetition of the operations 
used in the original organization. Arnold v. Consolidated District of Norvmlk. 

18. Platted towns. A farm subdivided into smaller tracts would not con- 
stitute a village under this section. Consolidated District of Webster and Jef- 
ferson Townships v. P. H. Martin. 

19. Remaining portion of township. When a consolidated district is 
formed leaving one or more portions of a township each portion becomes an 
independent district. Attorney General. 

20. Size of district remainina;. No portion of the school township or 
school district remaining may contain less than four government sections 
of land. 

21. Independent district. The remaining portion of the school township 
after the formation of a consolidated independent district becomes an in- 
dependent district and is presided over by three directors. The school board 
should proceed to elect school officers in accordance with the new district 
boundaries and the newly elected officers would assume their duties of of- 
fice at the next regular period for the qualification of directors in rural in- 
dependent districts. 

22. May reorganize. There is nothing in the law that will prevent the 
remaining portions of a township which have become independent auto- 
matically from reorganizing into subdistricts in accordance with Section 
2752. 

Sec. 2794-b. State aid to consolidated schools — equipment and main- 
tenance — two-room building — agriculture and home economiTj. That 
all consolidated schools organized in accordance with the provisions of 
the code supplement section twenty-seven hundred ninety-four-a as 
amended by chapter one hundred forty-three of the acts of the thirty- 
fourth general assembly which are now or hereafter established with suit- 
able grounds and a two-room school building and the necessary depart- 
ments and equipment for teaching agriculture and home economics, or 
other industrial and vocational subjects, and employing teachers holding 
a certificate showing their qualifications to tear^h said subjects, and in 
which said subjects are provided as a part of the regular course in such 
schools, subject to the approval of the superintendent of public instruc- 
tion, shall be awarded and paid from the state treasury from moneys not 
otherwise appropriated, the sum of two hundred fifty dollars towards 
the equipment required, and the further sum of two hundred dollars 
annually. [35 Q. A., ch. 250, § 1.] 

Sec. 2794-c. Same — three-room building — manual training. That all 
such schools established with a three-room school building and suitable 
grounds and the necessary departments and equipment for teaching agri- 
culture, home economics and manual training, or other industrial and vo- 
cational subjects, and employing teachers holding a certificate showing 



102 ' SCHOOL LAWS OF IOWA 

their qualification to teach said subjects, and in which said subjects are 
provided as a part of the regular course in such schools, subject to the 
approval of the superintendent of public instruction, shall be awarded 
and paid from the state treasury from moneys not otherwise appro- 
priated, the sum of three hundred fifty dollars towards the equipment 
required and the further sum of five hundred dollars annually. [35 G. 
A., ch. 250, § 2.] 

Sec. 2794-d. Same — four -room building-. That all such schools es- 
tablished with four rooms or more and suitable grounds and the neces- 
sary departments and equipment for teaching agriculture, home econo- 
mics and manual training, or other industrial and vocational -subjects, 
and employing teachers holding a certificate showing their qualifications 
to teach said subjects, and in which said subjects are provided as a part 
of the regular course in such schools, subject to the approval of the super- 
intendent of public instruction, shall be awarded and paid from the 
state treasury from moneys not otherwise appropriated the sum of five 
hundred dollars towards the equipment required, and the further sum 
of seven hundred fifty dollars annually. [35 G. A., ch. 250, § 3.] 

Sec. 2794-e. Report by secretary — requisition — warrant. The sec- 
retary of each school corporation shall, at the close of each school year, 
report to the superintendent of public instruction as said officer may re- 
quire ; upon receipt of a satisfactory report, the superintendent of public 
instruction shall issue a requisition upon the auditor of state for the 
amount due such school corporation for said year; whereupon the auditor 
of state shall draw a warrant on the state treasury payable to such 
school corporation for the amount of said requisition, and forward the 
same to the secretary of such school corporation. [35 G. A., ch. 250, 
§4.] 

Sec. 2794-f. No additional aid for normal course in high school. 

No consolidated school having a high school department shall receive 
additional aid for maintaining the normal training course in high schools 
as provided in chapter one hundred thirty-one, acts of the thirty-fourth 
general assembly. [35 G. A., ch. 250, § 5.] 

Sec. 2794-g. Annual appropriation. That the law as it appears in 
section twenty-seven hundred ninety-four-g, supplement to the code, 
1913, be and the same is hereby repealed and the following enacted in 
lieu thereof: 

''For the purpose of carrying out the provisions of this act there is 
hereby appropriated annually out of any money in the state treasury, 
not otherwise appropriated, the sum of one hundred thousand dollars, 
or so much thereof as may be necessary. In the event the foregoing 
appropriation shall be insufficient in any year to pay in full the state 
aid to which the schools described in sections twenty-seven hundred 
ninety-four-b, twenty-seven hundred ninety-four-c and twenty-seven 
hundred ninety-four-d, supplement to the code, 1913, the said appro- 
priation shall be distributed among the several schools pro rata in pro- 
portion to the amount they would have received had said appropriation 



SCHOOL LAWS OF IOWA 103 

been sufficient to pay in full the amounts provided for in said sections. ' ' 
[36 G. A., S. F. 282, § 1 ; 35 G. A., cli. 250, § 6.] 

Sec. 2795. Organization. If the proposition to establish an inde- 
pendent district carries, then the same board shall give the usual notice 
for a meeting to choose a board of directors. Two directors shall be 
chosen to serve until the next annual meeting, two until the second, and 
one until the third annual meeting thereafter. The board shall organ- 
ize by the election of officers in the usual manner. [15 G. A., ch. 27; C. 
73, § 1802; R., §§ 2099, 2100, 2106.] 

Notes: 1. When organize. The first board will enter upon its duties as 
soon as qualified and will organize by choosing a president and a secretary. 
The term of office of the president will expire on the third Monday in the fol- 
lowing March, that of the secretary on the first day of July following. In 
cities and towns a treasurer, to serve until the first day of the following 
July, will be chosen at the time the directors are chosen. 

2. Certificate of organization. The secretary should immediately file with 
the county superintendent, auditor and treasurer, each, a certificate showing 
the officers of the board, and their postoffice address. All subsequent changes 
made in the officers of the board should be reported. Section 2766. 

3. Officers — when qualify. The secretary and treasurer must qualify 
within ten days. Section 2760'. 

4. Record of organization. All proceedings connected with the organiza- 
tion of the new district should be recorded by the secretaries in the records 
of the districts from which territory is taken, so that the facts concerning 
its formation and organization may be readily obtained, in case the validity 
of the proceedings is ever questioned. 

5. Division of assets and liabilities. As soon as the board of the new in- 
dependent district has been organized, it may join with the boards from 
which territory has been taken in making a division of the assets and liabil- 
ities. Section 2802. 

6. Validity of organization. See note 5, section 2 7 43. 

Sec. 2796. Taxes certified and levied. The organization of such 
independent district shall be effected on or before the first day of 
August of the year in which it is attempted, and, when completed, all 
taxes certified for the school township or townships of which the inde- 
pendent district formed a part shall be void so far as the property 
within the limits of the independent district is concerned, and the board 
of such independent district shall fix the amount of all necessary taxes 
for school purposes, including schoolhouse taxes, at a meeting called 
for such purpose at any time before the third Monday of August, which 
shall be certified to the board of supervisors on or before the first 
Monday of September, and it shall levy said tax at the same time and in 
the same manner that other school taxes are required to be levied. [C. 
'73, § 1804.] 

Notes: 1. When organization completed. ' This section is construed to 
mean that the organization contemplated must be made between January 
first and the first of August. This limitation as to time is directory only, and 
does not apply when an appeal is taken. 110 Iowa, 652. Decisions, 74. 

2. Taxes. When a new independent school district is organized as pro- 
vided by this section, the board has authority to determine and certify all 
necessary taxes, for school purposes, for that year, including schoolhouse taxes. 

3. Joint district — jurisdiction. An independent school district composed 
of territory from two or more counties, belongs, for school purposes, to the 



104 SCHOOL LAWS OF IOWA 

county in which the school corporation, with wliose board the petition for 
separate organization was filed and which conducted the elections for the 
organization of the new corporation, is located. Certificates of the teachers 
of such corporations must be registered with the superintendent of the same 
county. 

Sec. 2797. Rural independent districts. At any time before the first 
day of August, upon the written request of one-third of the legal voters 
in each subdistrict of any school township, the board shall call a meet- 
ing of the voters of the subdistrict, giving at least thirty days' notice 
thereof by posting three notices in each subdistrict in each school town- 
ship, at which meeting the voters shall vote by ballot for or against 
rural independent district organization. If a majority of the votes cast 
in each subdistrict shall be favorable to such independent organization, 
then each subdistrict shall become a rural independent district, and 
the board of the school township shall then call a meeting in each rural 
independent district for the choice of three directors, to serve one, 
two and three years, respectively, and the organization of the said rural 
independent district shall be completed. [22 G. A., ch. 61.] 

Notes: 1. When taken. The vote upon the change may be taken at' 
any time of year, but the organization cannot be completed between August 
and January. 

2. Must carry in all. Unless each and every subdistrict in the school 
township gives a majority vote favoring the change in form, the township 
remains a school township. 

3. Town or village may orjianize. A single subdistrict may be organized 
independent only when a village, town or city is included. Section 2794. 

4. Assets and liabilities. When the new boards are organized, they 
should meet as soon as possible, and make settlement of assets and liabilities, 
as directed by section 2802. 

5. Suit. Suit against the new districts on indebtedness of the old dis- 
trict must be brought in equity. Fairfield v. Rural Ind. School Dist., Ill 
Fed., 108. 

6. Agreement. If the new districts have by agreement divided and ap- 
portioned between them the indebtedness of the old district, then an action 
against them may be at law. Fairfield v. Rural Ind. School Dist., Ill Fed., 453. 

7. One subdistrict may not. One subdistrict cannot be changed to a 
rural independent district unless all the subdistricts of the school township 
vote to become rural independent districts. 

8. Validity of organization. See note 5, section 2 743. 

Sec. 2798. Subdivision of independent districts. Independent dis- 
tricts may subdivide for the purpose of forming two or more indepen- 
dent districts or have territory detached to be annexed with other ter- 
ritory in the formation of an independent district or districts, the board 
of directors of the original independent districts to establish the boun- 
daries of the districts thus formed, such new districts to contain not 
less than four government sections of land each ; but in case a stream 
or other obstacle shall debar a number of children of school privileges, 
an independent district may be thus organized containing less terri- 
tory; or, if such new district shall include within its territory a town 
or village with not less than one hundred inhabitants, it may in like 
manner be made up of less territory; but in neither case shall the new 



SCHOOL LAWS OF IOWA 105 

district contain less than two government sections of land, nor be or- 
ganized except on a majority vote of the electors of each proposed 
district, and the proceedings for such subdivision shall in all respects 
be like those provided in the section relating to organizing cities and 
towns into independent districts so far as applicable. [18 G. A., ch. 
131; 17 G. A., ch. 133, §§ 1-4.] 

Notes: 1. Township lines not a bar. The provisions of this section ap- 
ply to all independent districts, and civil township lines are not a bar. 

2. Area. The amount of territory cannot be less than an equivalent of 
four government sections, unless the provision of this section apply. 

3. When less than four sections. An independent district containing ter- 
ritory amounting to less than eight government sections may be divided into 
two independent districts, if an unbridged stream or other obstacle prevents a 
considerable number of scholars from attending school, or if one portion con- 
tains a village of not less than one hundred inhabitants. The district so 
formed must contain territory amounting to not less than two government 
sections, and a majority of the votes cast in each contemplated district must 
be cast for the division. 

4. Minimum. When an independent district is subdivided under this sec- 
tion the one of the districts not formed in accordance with the exception made 
must have at least four sections. 

5. Validity of organizations. See note 5, section 2 743. 

6. New boards necessary. Attorney general, report 1906, page 194; 
notes 2, section 2793, and 22, section 2802. 

7. It was not the intention of the legislature to invest school boards with 
power to form new independent districts without a vote of the electors. Deci- 
sions, 116. 

Sec. 2799. Uniting independent districts. Independent districts lo- 
cated contiguous to each other may unite and form one and the same 
independent district in the manner following: At the written request 
of any ten legal voters residing in each of said independent districts, or, 
if there be not ten, then a majority of such voters, their respective 
boards of directors shall require their secretaries to give at least ten 
days' notice of the time and place for a meeting of the electors residing 
in each of such districts, by posting written notices in at least five public 
places in each of said districts, at which meeting the electors shall vote 
by ballot for or against a consolidated organization of said independent 
districts, and, if a majority of the votes cast at the election in each dis- 
trict shall be in favor of uniting said districts, the secretaries shall give 
similar notice of a meeting of the electors as provided for by law for 
the organization of independent districts including cities and towns. 
[22 G. A., ch. 63, § 1 ; C. '73, § 1811.] 

Notes: 1. Vote separately. The proposition to consolidate independent 
districts must be separately voted upon in each of the districts affected. Un- 
less a majority of the votes cast at such election in each district is in favor 
of such consolidation, it fails. 

2. Application. The provisions of this section also apply to rural inde- 
pendent districts. Opinion of attorney general, report 1902, page 161. 

3. Times for elections. It is not essential for the consolidation of two 
school districts that the election in each district be held at the same time, as 
code section 2799, governing such elections, is only directory. 130 Iowa, 100. 

4. Validity of organization. See note 5, section 2743. 



106 SCHOOL LAWS OF IOWA 

Sec. 2800. Rural independent districts united into school township. 

A township which has been divided into rural independent districts 
may be erected into a school township by a vote of the electors, to be 
taken upon the written request of one-third of the legal voters resid- 
ing in such civil township. Upon presentation of such written request 
to the township trustees, they shall call a meeting of the electors at 
the usual place or places of holding the township election, upon giv- 
ing at least ten days' notice thereof by posting three written notices 
in each rural independent district in the township, and by publication 
in a newspaper, if one be published in such township, at which meeting 
the said electors shall vote by ballot for or against a school township 
organization. If a majority of the votes cast at such election be in 
favor of such organization, each rural independent district shall be- 
come a subdistrict of the school township, and shall organize as such 
on the first Monday in March following, by the election of a director, 
notice of which shall be given as in other cases by the secretary of each 
of the rural independent districts, and the directors so elected shall 
organize as a board of directors of the school township on the first day 
of July following, unless that date falls on Sunday, in which case on 
the dav following. [31 G. A., ch. 136, § 11 ; 16 G. A., ch. 155; C. '73, 
§§ 1815-20.] 

Notes: 1. Wlio may net. The electors of any civil township which has 
adopted the rural independent school district organization, may vote upon 
the question of returning to the school township organization. 

2. Petition — to whom presented. The petition provided for in this sec- 
tion may he presented to the trustees and the vote ordered at any time of the 
year. When a proper petition is presented, the law makes it mandatory upon 
the township trustees to call and hold an election. 

3. A school township nieetinar. The meeting held to determine the ques- 
tion of school township organization, is a township meeting; if the vote is 
in the affirmative, each and every rural independent school district in the 
township becomes a subdistrict of the school township. 

4. Election of judsces. The township trustees may act as judges of this 
election, but in their absence the electors assembled may choose a chairman 
and one or two secretaries to act as judges. 

.5. WTien oi'sfanization completed. The board of each rural independent 
school district will continue to act until the first day of July following the 
election, at which time a full statement of all assets and liabilities of the dis- 
trict should be reported to the board of the school township when organized. 

6. ToA\Tiship as a single district. The first board of a school township 
formed from a township organized as a single rural district, will consist <Df 
three directors elected by the whole township. Section 2752. If this board 
chooses to subdivide the township it may do so. Section 2801. 

7. Township meeting. The school township meeting is held on the sec- 
ond Monday in March, to vote the necessary school house taxes as provided in 
section 2749. 

8. Avithority of hoards. Between the time of the election provided for 
and the first day of July following, the boards of the several rural independent 
school districts have authority to perform all necessary acts relating to the 
affairs of their districts, but they cannot incur any indebtedness, nor make 
any contracts, except such as may be necessary to maintain the usual schools 
of their districts. 



SCHOOL LAWS OP IOWA , 107 

9. Duty of secretary. Upon the organization of the school township, the 
secretary should file with the county auditor and treasurer a certified plat of 
the district, and report to the county superintendent, auditor and treasurer, 
the name and address of each officer of the new board. Section 2766. 

10. Assets and liabilities. The school township receives all the assets and 
assumes all the liabilities of the several rural independent school districts. 
In case a rural independent school district has issued bonds or otherwise 
incurred an indebtedness, for the erection of a schoolhouse and the electors 
have failed to provide for the payment thereof, the board of the school town- 
ship has authority to apportion school house taxes for the payment of such 
indebtedness, from time to time, as justice and equity may require. Sec- 
tion 2813. 

11. Validity of organization. See note 5, section 27 43. 

Sec. 2801. Division of school township into subdistricts. The board 
of any school township may by a vote of a majority of all the members 
thereof, at the regular meeting in July, or at any special meeting called 
thereafter for that purpose, divide the school township into subdistricts 
such as justice, equity and the interests of the people require, and may 
make such alterations of the boundaries of subdistricts heretofore 
formed as may be deemed necessary, and shall designate such sub- 
districts and all subsequent alterations in a distinct and legible manner 
upon a plat of the school township provided for that purpose, and shall 
cause a written description of the same to be recorded in the records' of 
the school township, a copy of which shall be delivered by the secretary 
to the county treasurer and also to the county auditor, who shall 
record the same in his office. The boundaries of subdistricts shall con- 
form to the lines of the congressional divisions of land, and the forma- 
tion or alteration of subdistricts as contemplated in this section shall 
not take effect until the first Monday in March thereafter, at which 
time a director shall be elected for any subdistrict newly formed. [31 
G. A., ch. 136, § 12; 21 G. A., ch. 124; 16 G. A., ch. 109; C. '73, §§ 
1725, 1738, 1796; R., § 2038.] 

Notes: 1. Compliance. All changes in subdistrict boundaries must be 
made in strict conformity with this section. 

2. Vote necessary. Subdistrict boundaries can be changed only by af- 
firmative vote of a majority of all the members of the board. 

3. When made. While this section provides that boards may change 
subdistrict boundaries at the regular meeting in July, or at a special meet- 
ing called for that purpose, it must be understood that such change cannot 
be made so late as to prevent the notices of election from being given at 
least five days previous to the subdistrict elections, as required by section 
2751. 

4. Change of civil township — effect of. When new civil townships are 
formed, the corresponding changes in school township boundaries take effect 
at the next subdistrict election. Section 2790. 

5. All territoi'y in some corporation. All territory must be included 
within some school corporation, and all of a school township must be included 
in some subdistrict, when the territory is so subdivided. Decisions, 33, S. Law 
1907. 

6. Subdistrict not a corporation. A subdistrict is not a corporate body 
and has no financial claims, nor can it be held liable for debts, except as a" 
part of the school township. Decisions, 14. 



108 . SCHOOL LAWS OF IOWA 

7. Redistricting. The board may discontinue or abolish any subdistrict 
by a readjustment of boundaries, and it may provide that there shall be no 
subdistricts and that the schools of the corporation shall be governed by a 
board of three directors chosen from the township at large. Section 2752. 

8. County ofTicers notified. It is especially important that the county 
auditor and treasurer be officially notified by the secretary, whenever any 
changes are made in the district boundaries, by the formation of independent 
districts or otherwise, to enable these officers to perform their duties in the 
levy of taxes, and the apportionment and disbursement of school funds. 

9. Congressional divisions. By congressional divisions of land is meant 
those divisions authorized by congress in government surveys, of which the 
smallest is, in general, one-sixteenth of a section, or a tract of forty acres in 
a square form. Government lines, however, sometimes meander along streams 
and other bodies of water, and divisions of land are thus formed of less than 
forty acres. Decisions, 33, S. Law 1907. 

10. JV umber necessary for new subdistrict. There is nothing in the law 
fixing the number of persons of school age necessary for a new subdistrict, 
nor is the exact amount of territory to be included determined by the law. 

11. Entire corporation considered. When establishing subdistrict bound- 
aries the interests of the entire corporation must be considered. Decisions, 97. 

Sec. 2802. Changes of boundaries — division of assets and liabilities. 
When any changes are made in the boundaries of any school corpora- 
tion the new corporation shall elect a board of directors in accordance 
with the new boundaries, and such new boards shall organize as pro- 
vided in section twenty-seven hundred fifty-seven (2757) of this chap- 
ter. The boards of directors in office at the time the changes are made 
in the boundaries of the school corporation, shall continue to act until 
the boards of directors representing the newly formed districts have 
been duly organized, whereupon the new boards shall make an equita- 
ble division of all assets and liabilities of the corporations affected ; 
and, if they cannot agree, the matters upon which they differ shall be 
decided by disinterested arbitrators, one selected by each board having 
an interest therein, and if the number thus selected is even, then one 
shall be added by the county superintendent, and the decision of the 
arbitrators shall be made in writing, either party having the right to 
appeal therefrom to the district court. [31 G. A., ch. 136, § 13; C. 
'73, § 1715.] 

Notes: 1. Assets and liabilities. Assets include schoolhouses, sites and 
all other property and moneys belonging to the district. Liabilities include 
all debts for which the district in its corporate capacity is liable. In deter- 
mining the assets, school property should be estimated at its present cash 
value. 

2. Assets— apportionment of. The division of assets will relate to the 
schoolhouse and other property, moneys in all funds on hand, and uncol- 
lected taxes. The territory transferred carries with it such a part of the 
assets and liabilities of the corporation to which it belonged as the assessed 
valuation of such territory is part of the assessed valuation of the property 
of the corporation. 

3. Teachers' fund — apportionment. Any portion of the teachers' fund 
derived from the semi-annual apportionment, should be divided in propor- 
tion to the number of persons between five and twenty-one years of age, ac- 
cording to the last enumeration. 



SCHOOL LAWS OF IOWA 109 

4. Schoolhouse — where belong. Schoolhouses will usually become the 
property of the district in which they are situated. If their value exceeds 
the amount justly due that district, and there is not sufficient schoolhouse 
fund on hand to equalize the division, the boards should fix the amount each 
district should receive or pay. 

5. Equitable division desired. An equitable arrangement mutually sat- 
isfactory to the parties in interest will be in accordance with the intent of 
the law. Any agreement should be reduced to writing, and entered upon the 
records of each district. 

6. Claim. The districts, after the division, which do not receive their 
just proportion of school house property, have a claim against those that do 
obtain more than a due share. The last are indebted to the first in the 
difference. 36 Iowa, 216. 

7. Unpaid and delinquent taxes — apportionment. A simple and just 
method to dispose of unpaid and delinquent taxes, also of all funds in the 
hands of the county treasurer, is to direct the payment of these funds in 
such manner that taxes derived from any part of the territory shall be paid 
to the district to which such territory will then belong. 

8. Kecovery. If money is received which belongs to another, the rule 
is a general one that the law implies a promise on the part of the receiver 
to pay it over. Based upon this promise an action may be maintained for 
its recovery. 11 Iowa, 506; 80 Iowa, 495. 

9. Injunction as a test. Any conflict between districts with regard to 
boundaries will be best determined by the one aggrieved asking a court to 
restrain the county treasurer from paying taxes to the other district, on the 
ground that the district complaining is entitled to receive said taxes. 

10. Scope of the law. Section 27 93 provides for a change of boundaries 
between adjoining independent districts and for consolidation. 

11. Change of boundaries. If the boundary between an independent dis- 
trict and a school township is the line of the civil township, it cannot be 
changed, under section 2793-a, except there be an incorporated town, and 
then only by the extension of the corporate limits of such town. If the inde- 
pendent school district includes a portion of a civil township, the remainder 
of which is a school township, the boundary between the districts may be 
changed. 

12. Concurrence — appeal. Where a change of boundaries between dis- 
tricts is desired, and one of the boards acts favorably, a petition may be 
presented to the other board to concur in that action, although it formerly 
may have refused to grant a similar petition. From the action of the latter 
board upon the request an appeal may be taken. 

13. Initiatory — no appeal. No appeal can be taken from an action of 
the board taking the initiatory step, while it requires the concurrence of 
another board to complete the action. The concurrence or refusal of the 
second board is the order from which an appeal may be taken. Decisions, 
41, 49. 

14. Power of county superintendent. When an appeal is taken from the 
proper board, the county superintendent must affirm the action of one board 
or the other, but cannot himself modify the action of the board acting first. 
Decisions, 49. 

15. Assets and liabilities. Territory transferred from one district to an- 
other carries with it an equitable proportion of the assets and liabilities of 
the district from which it is taken, the district accepting it becomes respon- 
sible for such liabilities. 

16. Initiatory — immaterial. It is not material which board takes the 
first action with regard to the transfer of territory. Usually it is desirable 
to secure the action of the board with regard to which there is no doubt, and 
afterward to endeavor to induce the other board to take the same action. 
If the board last acting takes an action different in kind it may be regarded 
as initiating a new order, which in turn must go to the other board for adop- 
tion or rejection. 



110 SCHOOL LAWS OF IOWA 

17. Assets and liabilities — no appeal. An appeal to the county super- 
intendent will not lie from a joint action of the boards in making a settle- 
ment of assets and liabilities. Decisions, 67. 

18. Who may demand. Demand for settlement and division of assets 
must be made by one authorized to make such demand upon one authorized 
to act. 110 Iowa, 702. 

19. Arbitrator's — mandamus. When arbitrators have been appointed, 
mandamus will lie to compel them to act. 110 Iowa, 702. 

2 0. Power of arbitrators. The arbitrators can consider only such assets 
and liabilities as existed between the districts at the time the new district 
was formed. 107 Iowa, 73. 

21. Choice of arbitrators. W^hen the respective boards of directors have 
met and failed to agree, mandamus may be maintained to compel a choice 
of arbitrators, but not to compel the making of equitable division. 68 Iowa, 
486. 

22. Collection of bonds. In a suit by the holder of bonds of a district 
which has ceased to exist by reason of subdivision of its territory into new 
districts, a court of equity may enforce payment by the new districts in accord- 
ance with an equitable apportionment of the liability on the basis of taxable 
property and population. Gamble v. Rural Ind. School Dist., 146 Fed. 113. 

The holder of bonds against the original district may maintain an action 
in equity against the new districts created out of the original district to enforce 
the payment of his bonds. Everett v. Independent Sch. Dist., 109 Fed. 697. 

2 3. Property of original district. The schoolhouse and all its belongings 
are the property of the original district until awarded to the newly formed 
independent district. Sucli division must be made by the board, and not by the 
courts. District Twp. v. Wiggins, 110 Iowa, 702; 80 N. W., 432. 

2 4. Actual payment. The division of assets on the severance of the terri- 
tory from an independent district necessitates either the sale of the school- 
house and grounds of such district or the payment to the district to which the 
severed territory sliould be attached of a portion of the value of such property. 
Williams v. Core, 124 Iowa, 213; 99 N. W., 732. 

25. Liability on bonds. A district which is created from another district 
is liable for its proportion of the indebtedness of the parent district regardless 
of whether such indebtedness is in excess of tlie constitutional limitation of 
indebtedness whicli the new district might create. Taylor v. School Dist., 97 
Fed. 753. 

Sec. 2803. Attending school in another corporation. A child resid- 
ing in one corporation may attend school in another in the same or ad- 
joining county if the two boards so agree. In case no such agreement 
is made, the county superintendent of the county in which the child 
resides and the board of such adjoining corporation may consent to 
such attendance, if the child resides nearer a schoolhouse in the ad- 
joining corporation and one and one-half miles or more from any public 
school in the corporation of his residence. But before granting such 
consent the county superintendent shall give notice to the board where 
the child resides and hear objections, if any. In case such consent is 
given, the board of the district of the child's residence shall be notified 
thereof in writing, and shall pay to the other district the average tuition 
per week and an average proportion of contingent expenses for the 
school or room thereof in which such child attends. If payment is 
refused or neglected, the board of the creditor corporation shall file an 
account thereof certified by its president with the auditor of the county 
of the child's residence, who shall, at the time of the making of the 



SCHOOL LAWS OF IOWA 111 

next semi-annual apportionment, deduct the amount from the sum 
apportioned to the debtor district, and cause it to be paid to the cor- 
poration entitled thereto. [17 G. A., ch. 41; 16 G. A., ch. 64; C. '73, § 
1793; R., § 2024; C. '51, § 1143.] 

Notes: 1. By agreement of boards. This section grants to all boards tho 
power to agree upon terms of attendance. Such agreement should name the 
amount to be paid, if any, the time during which the stipulation shall be in 
force, and other matters. 

2. Responsibility under implied contract. One district may become liable 
to another for children of the former attending school in the latter under im- 
plied contract. Therefore a settlement between the districts for tuition in such 
cases may be made after the attendance on which it is based has ceased. Weldon 
Ind. ScJl. Dist. v. Shelby Ind. 8ch. Dist., 113 Iowa, 549; 85 N. W., 794. 

3. Without asfreement of boards. If scholars reside more than one and 
one-half miles from a school in their own district and nearer to a school in 
another district, which they desire to attend, application should first be made 
to both boards of directors; if the boards refuse to enter into an agreement, 
they may attend school in such district with the consent of the board of the 
district where they desire to attend and of the county superintendent of the 
county in which the children reside. 

4. Different townships. This section applies to districts in the same or 
in different civil townships or counties. 

5. Fiu"pose of law. WHiat is sought by the law is to supply to every 
child advantages equal as nearly as possible with those afforded to the average 
child. 

6. When consent of both boards necessary. If scholars live nearer to a 
school In their own district, or less than one and one-half miles of one, they 
can attend school in another district at the expense of their own district, 
only by an agreement of both boards. 

7. Consent of board necessary. In no case may scholars attend school 
in a district in which they do not reside, without the consent of the board 
thereof. 

8. AVhen superintendent may act. The first three lines give the boards 
power to agree upon terms of attendance, without regard to the distance in 
the case. But advantage may not be taken of the remainder of the section 
unless all the provisions enumerated are fulfilled. 

9. Distance — how determined. In determining distances to different 
schools the measurement must be made by the nearest public highway to 
each school. And if the person lives off the highway, the distance should be 
computed by the nearest and most accessible private way as usually traveled 
from the residence to the highway. 

10. AVhat is souglit. What is sought to be determined is the actual dis- 
tance necessary to be traveled by the scholar. It may therefore sometimes 
be required to measure from the door of the home of the scholar to the 
door of the schoolhouse, in order to ascertain definitely the actual distance 
from school. 

11. Must provide school. Every district is bound to provide school facili- 
ties for the children thereof; and children living in a school district in one 
county may attend school in an adjoining district in another county under the 
provisions of this section. 113 Iowa, 549. 

12. Consent of county superintendent. In giving or withholding his con- 
sent, the county superintendent should consider all the circumstances, and 
when he has concurred or refused to concur, the matter is concluded for that 
time, as no appeal will lie. 

13. Position of county superintendent. The position of the county super- 
intendent is somewhat similar to that of a disinterested arbitrator between 
the two boards. He should confer with both boards if possible and should 
take into account all the conditions of the case. 



112 SCHOOL LAWS OF IOWA 

14. Superintendent should hesitate. If there is little difference in the 
distance, or if the schoolhouse of the scholar is only slightly in excess of a 
mile and a half, then the county superintendent should hesitate to concur, 
especially if it will weaken the funds or diminish the attendance at the home 
school so as to unduly impair its success. 

1.5. Action is concurrent. The action of the board where the children 
desire to attend and of the county superintendent is a concurrent one. The 
two parties are thus supposed to have equal discretionary powers. 

16. Collection of tuition. Collection of tuition cannot be made by ap- 
peal to the county superintendent, but such questions in controversy must 
be settled through the courts. 

17. Notice. The notice referred to cannot be said to be officially trans- 
mitted unless signed by both the president and secretary. Payment for at- 
tendance can be collected from the district where the children reside, only 
from the date of such notice. 

18. Term of. This notice holds only for the term, or such time as the 
county superintendent and board name in their written concurrent agree- 
ment. 

19. Mailing, not notice. Depositing a letter in a postoffice without fur- 
ther proof that such letter reached the party addressed, is not a legal notice 
as required to secure payment of tuition. Code, section 3531. 

20. Amount — how determined. The average proportion of tuition and 
contingent expenses for any number of scholars is found by dividing the 
amount expended for these purposes in the school where they have attended, 
by the total attendance in days, and multiplying the quotient by the number 
of days said scholars have attended. 

21. Average in gi-aded schools. When scholars attend a graded school, 
the average tuition should be computed on the basis of the expenses of each 
pupil in the grade or room in which such scholars are placed; the average 
expense of contingent fund may be computed as a part of the whole contingent 
expense of such school. 

22. Comply Aiith law. Any other action than compliance with the abso- 
lute and explicit terms of the law, will render the collection of tuition diffi- 
cult and in most cases impossible. Decisions, 40. 

Sec. 2804. School age — nonresidents. Persons between five and 
twenty-one years of age shall be of school age. Nonresident children 
and those sojourning temporarily in any school corporation may attend 
school therein upon such terms as the board may determine. The parent 
or guardian whose child or ward attends school in any independent 
district of which he is not a resident shall be allowed to deduct the 
amount of school tax paid by him in said district from the amount of 
the tuition required to be paid. [C. '73, § 1795.] 

Notes: 1. Under school age. Children under five years of age would be 
more injured by the confinement than benefited by the instruction. They 
cannot claim the advantages of the school, and should not be allowed to at- 
tend. They may not be admitted to receive instruction even upon the pay- 
ment of tuition. 

2. Over school age. Persons over twenty-one years of age are not entitled 
to attend the public schools, but they may be admitted upon such terms as the 
board deems proper. 

3. Board determines residence. The board should be satisfied that the 
residence of the scholar in the district is actual before allowing free at- 
tendance. 



SCHOOL LAWS OP IOWA 113 

4. Method of determining. In determining whether a person is entitled 
to attendance free of tuition, the board may take any impartial method of 
deciding the question. Decisions, 68. 

5. Appeal. Any one aggrieved by an order of the board admitting, or re- 
fusing to admit, a scholar, has the remedy of appeal. 

6. Taxes not basis for attendance. Paying school taxes does not entitle 
non-residents to school privileges, but school taxes paid in an independent 
district shall be deducted from the amount of tuition required of a non- 
resident pupil. 

7. Self-supporting minors. Young people who are making their own liv- 
ing should not be excluded from school privileges in the district where they 
are at home. 

8. Admission of pupil — mandamus. The action of a school board in deny- 
ing a pupil free admission to the schools on the ground of non-residence 
cannot be reviewed in a mandamus proceeding; the remedy is appeal. 124 
Iowa, 355. 

See. 2804-a. Display of United States flag — duty of board — flagstaff. 
That it shall be the duty of the board of directors of each school cor- 
poration of this state to provide a suitable flagstaff on each public 
school building maintained under the authority of such board of di- 
rectors and to provide each of such school buildings with a suitable flag, 
and such flag shall be raised over such building on all days vrhen 
weather suitable therefor shall prevail. [35 G. A., ch. 244, § 1.] 

See. 2804-b. Flag raising services. That at the commencement 
of each school day the teacher, superintendent, principal or who- 
ever has the general supervision of the school administration within 
any such building, may arrange for the raising of such flag, as herein 
provided for, over the said building, with appropriate services, when 
weather conditions will permit, at the beginning of each school day. 
[35 G. A., ch. 244, § 2.] 

Sec. 2804-c. Flag upon all public buildings. That it shall be the 
duty of the custodians of all public buildings of the state of Iowa to 
raise over such building the flag of the United States of America, upon 
each secular day when weather conditions are favorable, and it shall be 
the duty of any board of public officers charged with the duty of pro- 
viding for the supplies of any such public building, to provide in con- 
nection with other supplies for any such building of the state of Iowa, 
' a suitable flag for the purposes herein provided. [35 G. A., ch. 244. 
§3.] 

Sec. 2805. Bible not excluded. The bible shall not be excluded from 
any public school or institution in the state, nor shall any child be 
required to read it contrary to the wishes of his parent or guardian. 
[C. '73, § 1764; R., § 2119.] 

Notes: 1. A suitable exercise. Our common schools are maintained at 
public expense, and the law contemplates that they shall be equally free to 
persons of every faith. A very suitable devotional exercise consists in the 
teacher's reading a portion of scripture without comment, and the repetition 
of the Lord's prayer. 

8 



114 SCHOOL LAWS OF IOWA 

2. Teacher determines. Neither the board nor the electors may direct 
the teacher to follow a given course in respect to the reading of the bible 
in school. Each teacher will be guided by his own good judgment, re- 
stricted only by the provision that no child shall be required to read it 
contrary to the wishes of his parent or guardian, and such provision is not 
unconstitutional. 64 Iowa, 367. The wishes of his patrons may properly 
be given weight in aiding him to determine his action. 

3. Regulation regarding religion. While moral instruction should be 
given in every school, neither this section nor the spirit of our constitution 
and laws will permit a teacher or board to enforce a regulation in regard 
to religious exercises, which will wound the conscience of any, and no scholar 
can be required to conform to any particular mode of worship. 64 Iowa, 367. 

4. Moral instruction. Moral instruction tending to impress upon the 
minds of pupils the importance of truthfulness, temperance, purity, public 
spirit, patriotism, and respect for honest labor, obedience to parents and due 
deference for old age, should be given by every teacher in the public schools. 

5. Injunction. If a teacher gives religious instruction or teaches in the 
interest of any church or denomination, the board may be prevented from 
continuing or sanctioning such instruction, by injunction from the courts; 
and having ordered or countenanced this instruction, may be prevented in 
the same manner from paying such teacher from the public school funds. 

6. Public funds may not be used. The diversion of the school fund in 
any form or to any extent for the support of sectarian or private schools 
is admissible and clearly in violation of our laws. 59 Iowa, 70. 

7. Public funds may not be loaned. Public money shall not be appro- 
priated, given or loaned by the corporate authorities of any county or town- 
ship, to or in favor of any institution, school, association or object which 
is under ecclesiastical or sectarian management or control. Code, section 593. 

Sec. 2806. School taxes — transportation fund — contract for use of 
library. The board of each school corporation shall at its regular 
meeting in July, or at a special meeting called for that purpose between 
the time designated for such regular meeting and the third Monday in 
August, estimate the amount required for the contingent fund, not ex- 
ceeding ten dollars for each person of school age, but each school cor- 
poration may estimate not exceeding seventy-five dollars for each school 
thereof, and such additional sum as may be necessary not exceeding 
five dollars for each person of school age for transporting children to 
and from school ; and also such additional sum as may be authorized in 
the chapter on uniformity of textbooks; also such sum as may be re- 
quired for the teachers' fund, which shall not exceed thirty dollars 
for each person of school age therein, but each corporation may esti- 
mate not exceeding two hundred seventy dollars, for each regular school 
therein. No tax shall be estimated by the board after the third Monday 
in August, in each year. School corporations containing territory in 
adjoining counties may vote and estimate all taxes for school purposes 
in mills. The board shall apportion any tax voted by the annual meet- 
ing for schoolhouse fund among the several subdistricts in such a 
manner as justice and equity may require, taking as the basis of such 
apportionment the respective amounts previously levied upon said sub- 
districts for the use of such fund. The board of directors of any school 
corporation in which there is no free public library shall have power 
to contract with any free public library for the free use of such library 
by the residents of such school district as provided in section one of 



SCHOOL LAWS OF IOWA H5 

this act and to pay such library the amount agreed therefor, and to cer- 
tify annually a tax not exceeding one mill on the dollar of the taxable 
property of such district, to be used exclusively therefor; and during 
the existence of such contract a tax sufficient to pay such library the 
consideration agreed upon, not exceeding one mill on the dollar, shall 
be certified annually by such board. Each school corporation making 
such contract shall, during the existence of such contract, be relieved 
from the requirements of section twenty-eight hundred twenty-three-n 
of the supplement to the code, 1907. This section shall not be con- 
strued to apply in townships where a contract is in existence under 
the provisions of section two of this act. [35 G. A., ch. 251, §§ 1, 2; 
35 G. A., ch. 70, § 5; 33 G. A., ch. 182, ^ 1; 31 G. A., ch. 136, § 14; 
28 G. A., ch. 108, §1; 15 G. A., ch. 67, §1; C. '73, §§ 1738, 1777-8; 
R., §§ 2033-4, 2037-44, 2088.] 

Notes: 1. Specific sinus cei'tified. This section requires boards to cer- 
tify the specific sums necessary to be raised for teachers' and contingent 
funds to the board of supervisors, whose duty it is to estimate and levy the 
per centum necessary to raise the amounts so certified. 

2. Joint districts certify mills. Districts formed from territory lying in 
adjoining counties, may vote and certify to the respective boards of super- 
visors the number of mills on the dollar required to raise the necessary school 
taxes. 

3. Tax void. The general rule is that a tax estimated by the board after 
the third Monday in August is void. This renders it essential that boards 
certify taxes within the required time. 73 Iowa, 304. For exception see 
sections 2767, 2796, 3973. 

4. Schoolhouse fund voted by electors. It is the rule that schoolhouse 
funds must be voted by the electors. Exceptions, sections 2767, 2796, 2811, 
2813 and 3973. 

5. Board determines amount necessai'j'. It is wholly within the discre- 
tion of the board to determine the amounts required for the contingent and 
teachers' funds. 41 Iowa, 153. Any vote of the electors with reference to 
these amounts is only suggestive, and is not at all binding. 

6. Limit of levy. This section limits the amount which may be levied for 
any one year, to thirty dollars per scholar for teachers' fund, ten dollars 
per scholar for contingent fund, and five dollars per scholar extra when 
necessary for transportation of pupils; but authorizes the levy of seventy- 
five dollars for contingent, and two hundred and seventy dollars for teach- 
ers' fund for each regular school, even if the levy thereby exceeds five and 
fifteen dollars per scholar, for these funds. When free text-books have been 
authorized, an additional amount not exceeding one and one-half dollars for 
each person of school age may be estimated for the contingent fund. Sec- 
tion 2825. 

7. Maximum levy- If the amount of schoolhouse tax voted and certified 
by the board of directors in any one year exceeds the limit which the 
board of supervisors is allowed to levy under the provisions of this sec- 
tion, it is the duty of the board of supervisors to levy only the maximum 
amount authorized by law. Section 2807. 

8. Apportionment of funds. The teachers' and contingent funds are not 
to be apportioned among the subdistricts, but levied uniformly on the tax- 
able property of the school township. 

9. When not apply. The first provision in this section does not apply 
where a larger tax is required to meet the interest on valid outstanding 
bonds. 69 Iowa, 612. Section 2813. 



116 SCHOOL LAWS OF IOWA 

10. Minimum levy. The second provision in this section was added for 
the relief of sparsely settled communities, in which five dollars per scholar 
for contingent fund and fifteen dollars per scholar for teachers' fund, is not 
adequate to maintain schools for the time required by law. 

11. How compel secretary to certify. To determine conclusively whether 
it is the duty of the secretary to certify a tax supposed to have been voted 
by the voters, but with regard to which vote there is some doubt, an appli- 
cation to a court for a writ of mandamus or injunction, as the case may be, 
will secure a settlement of all questions involved. 

12. When levy unnecessary. If the board finds a sufficient amount of 
teachers' fund and contingent fund on hand and in sight to support the 
schools for the current year, it may decline to certify any amount to be 
raised under this section. 

13. Taxes — laches-^-estoppel. 12 3 Iowa, 55. 

14. Taxes — recovery. 109 Iowa, 606. 

Sec. 2807. Levy by board of supervisors. The board of supervisors 
shall at the time of levying taxes for county purposes levy the taxes 
necessary to raise the various funds authorized by law and certified 
to it under this chapter, but if the amount certified for any such fund 
is in excess of the amount authorized by law it shall levy only so much 
thereof as is authorized by law. If a schoolhouse tax is voted at a 
special meeting and certified to said board after the regular levy is 
made, it shall at its next regular meeting levy such tax and cause 
the same to be forthwith entered upon the tax list to be collected as 
other school taxes. It shall also levy a tax for the support of the 
schools within the county of not less than one nor more than three 
mills on the dollar on the assessed value of all the taxable property 
within the county. [C. 73, §§ 1779-80; R., §§ 2057, 2059.] 

Notes: 1. Transfer. A board of review has no authority to transfer 
property from one school corporation to another for assessment. 108 N. 
W., 220. 

2. Taxes — liability. Property in a school corporation at the time of the 
levy of a schoolhouse tax is liable for the tax, though not a part of the 
corporation at the time the tax was voted. 108 N. W., 528. 

3. Excessive schoolhouse tax. The fact that the electors at their meeting 
voted a schoolhouse tax in excess of that which is legal to be levied in one 
year does not render the election void. 

4. Taxes erroneously levied. Where taxes were levied upon land in one 
school district at a rate applicable to an adjoining district and the same were 
erroneously paid to the adjoining district, the district in which the land was 
situated might recover back the taxes thus obtained as for money had and 
received, even though complaint might have been made by the taxpayers. Ind. 
School Dist. of Kellif v. School Twp. of Washington, 162 Iowa, 42; 143 N. W., 
837. 

Sec. 2808. Apportionment. The county auditor shall on the first 
Monday in April and the first Monday in October of each year, appor- 
tion to the school tax, together with the interest of the permanent 
school fund and rents on unsold lands to which the county is entitled 
as shown in the notice from the auditor of state, and all other money 
in the hands of the county treasurer belonging in common to the schools 
of the county and not included in any previous apportionment among 
the several corporations therein, in proportion to the number of per- 



SCHOOL LAWS OF IOWA 117 

sons of school age, as shown by the report of the county superintendent 
filed with him for the year immediately preceding. He shall immediately 
notify the county treasurer of such apportionment and of the amount 
due thereby to each corporation. The county treasurer shall there- 
upon give notice to the president of each corporation, and shall pay out 
such apportionment moneys in the same manner that he is authorized 
to pay other school moneys to the treasurers of the several school dis- 
tricts. [32 G. A., ch. 151, § 3; 27 G. A., ch. 94; C. 73, §§ 1781-2, 
*1841; R., §§ 1966, 2060-1.] 

Notes: 1. Warrant for. This warrant must be signed by the president 
and countersigned by the secretary, to authorize payment of the amount 
named therein upon presentation by the district treasurer. 

2. Basis of apportionment — review. The auditor, in making the appor- 
tionment, performs a ministerial duty and is without authority to review the 
school census. Ill N. W., 943. 

Sec. 2809. Auditor to report. The county auditor, shall on the first 
Monday in January of each year, forward to the superintendent of 
public instruction a certificate of the election or appointment and qual- 
ification of the county superintendent, and shall also on the first day 
of January of each year make out and transmit to the auditor of 
state, in accordance with such forms as said auditor may prescribe, a 
report of the amount of permanent school fund held by the county 
and also the amount of interest due prior to January first, still remain- 
ing unpaid, and shall file said report with the auditor of state on or 
before the first day of February. [32 G. A., ch. 151, § 2; C. '73, § 
1783.] 

Notes. 1. Certificate of election. This certificate should be forwarded to 
the superintendent of public instruction as soon as the qualification and bond, 
properly approved, have been filed in the office of the county auditor. 

2. Wliat certificate should show. The certificate should in all cases cer- 
tify to the qualification as well as the election or appointment of the county 
superintendent, for although he may be properly elected or appointed, yet he 
cannot be recognized until it is known that he has taken the necessary oath 
of office, and that his bond is approved. 

3. In case of change. Whenever any change is made by resignation or 
otherwise, a certificate of the appointment and qualification of a successor 
should be immediately forwarded. 

Sec. 2810. Ta^es paid over. Before the third Monday of January, 
April, July and October in each year, the county treasurer shall give 
notice to the president of the board of each school corporation in the 
county of the amount collected for each fund to the first day of such 
month, and the president of each board shall draw his draft therefor, 
•countersigned by the secretary, upon the county treasurer, who shall 
pay such taxes to the treasurers of the several school boards only on 
such draft. He shall also keep the amount of tax levied for schoolhouse 
purposes separate in each subdistrict where such levy has been made 
directly upon the property of the subdistrict, and shall pay over the 
same quarterly to the treasurer of the school township for the benefit 
of such subdistrict. [C. '73, §§ 1784-5.] 



118 SCHOOL LAWS OP IOWA 

Notes: 1. Certify amount collected. It is the duty of the county treas- 
urer to notify the president of the board of each district, quarterly, of the 
amount collected for each fund and pay it to the district treasurer on the 
warrant of the president countersigned by the secretary. 

2. When draft is dra«ni. Whenever a draft is drawn on the county 
treasury, it is the duty of the secretary to charge the district treasurer with 
the amount named in the draft, keeping a separate account with each fund. 
Section 2761. 

3. Funds kept separate. Except in consolidated districts the four funds 
— teachers', schoolhouse, contingent and school building bond fund — must be 
kept separate by the county treasurer, as directed in this section, to enable 
school officers to comply with the law in the discharge of their official duties. 
Sections 2761, 2762, 2768 and 2769. 

4. Division reported by county treasurer. The division of funds made by 
the county treasurer must be respected by the board, unless the electors direct 
schoolhouse funds unappropriated transferred to other funds. This is the only 
transfer provided for by law. Section 2749. 

Sec. 2811. Judgment tax. When a judgment shall be obtained 
against a school corporation, its board shall order the payment thereof 
out of the proper fund by an order on the treasurer, not in excess, how- 
ever, of the funds available for that purpose. If the proper fund is 
not sufficient, then, unless its board has provided by the issuance of 
bonds for raising the amount necessary to pay such judgment, the 
voters thereof shall at their annual meeting vote a sufficient tax for 
the purpose. In case of failure or neglect to vote such a tax, the 
school board shall certify the amount required to the board of super- 
visors, who shall levy a tax on the property of the corporation for the 
same. [18 G. A., ch. 132, § 6; C. 73, § 1787; K, § 2095.] 

Notes: 1. No order has preference. An order drawn under this section 
is not entitled to payment to the exclusion of other orders. 40 Iowa, 620. 

2. Bonds to pay .judsments. Judgment indebtedness may be converted 
into bonded indebtedness, but not beyond the constitutional limit. 

3. Limit of indebtedness. See sections 2 82 0-a to 2 820-d. 

BONDS— INDEBTEDNESS 

Sec. 2812-c. School funding bonds. The board of directors of any 
school corporation may issue the bonds of said school corporation to 
pay any judgment against said school corporation or any indebt.ed- 
ness represented by bonds heretofore lawfully issued. Said bonds shall 
be known as school funding bonds and shall be authorized by reso- 
lution of the board. The proceeds derived from said bonds shall be 
applied in payment of any such outstanding judgment or bonded in- 
debtedness, or said bonds may be exchanged for outstanding judg- 
ments or bonds, par for par. [32 G. A., ch. 152, § 2.] 

Notes: 1. When issued. Bonds voted under the provisions of this sec- 
tion may be issued and sold as the necessities of the school corporation require. 

2. Funding bonds. This section authorizes the board of directors of any 
school corporation to issue funding bonds without a vote of the electors, but 
the board cannot issue school building bonds without a vote of the electors. 
See section 2812-d. 

3. Taxes — bonds. There is no intimate connection between the levy of 
taxes and an outstanding bonded indebtedness. The levy of taxes is not 
intended by the law to be considered as an outstanding indebtedness. The 



SCHOOL LAWS OF IOWA 119 

limit of bonded indebtedness is fixed by chapter 41, laws of 1900. The limit 
for levy of taxes by sections 2749, 2806-7, 2813. See 1306-b. 

Sec. 2812-d.. School building bonds. For the purpose of borrow- 
ing money necessary to erect, complete, equip, furnish or improve a 
schoolhouse, or to purchase sites therefor, the board of directors of 
any school corporation, when they have been heretofore, or when they 
may hereafter be authorized by the voters at the annual meeting or 
at a special meeting called for that purpose, may issue the negotiable 
interest bearing bonds of said school corporation; said bonds to be 
known as school building bonds. [32 G. A., ch. 152, § 3.] 

Notes: 1. Valuation — tax lists. As indicating the valuation of the dis- 
trict, the tax lists may not be taken into account until after the levy of the 
taxes in September. 70 Iowa, 230. 

2. Defeat of proposition — etlect of. The fact that the vote for bonds was 
defeated will not prevent the board from calling another election at any time 
when it thinks best to do so. 

3. Issue not mandatory. While a vote to issue bonds is regarded by the 
courts as somewhat in the nature of permissive authority to the board, yet 
a board may not attempt to defeat the wish of the voters clearly expressed. 
Decisions, 75, laws of 1897. 

4. Compliance necessary. In the matter of issuing bonds, every legal re- 
quirement should be scrupulously adhered to, in order that not even the 
slightest irregularity may be urged against the validity of the bonds, when 
they come to be negotiated. 

5. Rights of interested persons. If a board takes an action calculated 
to thwart the will of the voters, perhaps any person interested could secure 
from a court a writ directing the board to proceed in the line of fulfilling 
the expressed wish of the voters. 

Sec. 2812-e. Form — duration — rate of interest — where registered. 

All of said bonds shall be substantially in the form provided for 
county bonds, but subject to changes that will conform them to the 
action of the board providing therefor, shall run not more than twenty 
years, and may be sooner paid if so nominated in the bond; be in de- 
nomination of not more than one thousand dollars or less than one 
hundred dollars each, to bear a rate of interest not exceeding five per 
centum per annum, payable semiannually, to be signed by the presi- 
dent and countersigned by the secretary of the board of directors, and 
shall not be disposed of for less than par value, nor issued for other 
purposes than this chapter provides. All of said bonds shall be reg- 
istered in the office of the county auditor. The expenses of engraving 
and printing of bonds may be paid out of the contingent fund. [36 
G. A., S. F., 630, § 1; 33 G. A., ch. 183, § 1 ; 32 G. A., ch. 152, § 4.] 

Sec. 2812-f. Redemption — treasurer to keep record. Whenever the 
amount in the hands of the treasurer, belonging to the funds set aside 
to pay bonds, is sufficient to redeem one or more of the bonds which by 
their terms are subject to redemption, he shall give the owner of said 
bonds thirty (30) days' written notice of the readiness of the district 
to pay and the amount it desires to pay. If not presented for payment 
or redemption within thirty days after the date of such notice, the 
interest on such bonds shall cease and the amount due thereon shall be 



120 SCHOOL LAWS OF IOWA 

set aside for its payment whenever it is presented. All redemptions 
shall be made in the order of their numbers. The treasurer shall keep 
a record of the parties to whom the bonds are sold, together with their 
postoffice addresses, and notice mailed to the address as shown by such 
record shall be sufficient. [32 G. A., ch. 152, § 5.] 

Sec. 2813. Tax to pay bonds or money borrowed. The board of 
each school corporation shall, when estimating and certifying the 
amount of money required for general purposes, estimate and certify 
to the board of supervisors of the proper county, the amount required 
to pay interest due or that may become due for the year beginning Jan- 
uary first thereafter, upon lawful bonded indebtedness and in addition 
thereto such amount as the board may deem necessary to apply on the 
principal ; but the amount estimated and certified to apply on principal 
and interest for any one year shall not exceed five mills on the dollar 
of the actual valuation of the taxable property of the school corpora- 
tion. [35 G. A., ch. 252, § 1 ; 27 G. A., ch. 95, § 2 ; 18 G. A., ch. 51, § 2 ; 
18 G. A., ch. 132, § 6; C. '73, § 1823.] 

Note: It is the duty of the board to certify whatever amount is necessary 
to pay principal and interest on bonds. 69 Iowa, 612. 

See. 2813-a. Tax levy. The board of supervisors of the county 
to which the certificate is addressed within the contemplation of this 
act shall levy the necessary tax to raise the amount estimated, or so 
much thereof as may be lawful and within the limitation of this act, 
which levy shall be made as other taxes for school purposes. [35 G. A., 
ch. 252, § 2.] 

Sec. 2813-b. To what applicable. This act shall apply to estimates 
heretofore made, certificates furnished, or taxes levied, together with 
such as may hereafter be made, furnished or levied for the purposes 
•contemplated by this act ; but this act shall not apply to pending litiga- 
tion. [35 G. A., ch. 252, § 3.] 

Sec. 2814. Schoolhouse sites — acquisition. That section twenty- 
eight hundred fourteen of the code be and the same is hereby repealed 
and the following enacted as a substitute therefor: 

Any school corporation may take and hold so much real estate as 
may be required for schoolhouse sites, for the location or construction 
thereon of schoolhouses, and the convenient use thereof, but not to 
exceed one acre, exclusive of public highway, except in a city, town 
or village it may include one block exclusive of the street or highway 
as the case may be, and may take and hold such additional real estate, 
not exceeding five acres, as may be required for school playground 
or other purposes; (provided nothing in this act shall affect pending 
litigation;)^ or in districts consolidated under the provisions of sec- 
tion twenty-seven hundred ninety-nine of the code, or chapter one 

[^This cause has been placed within parenthesis by the editor. It refers to 
the amendment made by ch. 253, 35 G. A., as follows: "and may take and 
hold such additional real estate, not exceeding five acres, as may be required 
for school playground or other purposes,". Editoe.] 



SCHOOL LAWS OP IOWA 121 

hundred forty-one of the laws of the thirty-first general assembly, or 
in school townships holding not more than two school sites, may con- 
sist of not to exceed four acres, for any one site, unless by the owner's 
consent, which site must be upon some public road already established 
or procured by the board of directors and shall, except in cities, towns, 
or villages, be at least thirty rods from the residence of any owner 
. who objects to its being placed nearer, and not in any orchard, garden 
or public park. [35 G. A., ch. 253, § 1.] [32 G. A., ch. 153; C. 73, §§ 
1825-6.] 

Notes: 1. Purchase. The board should, if possible, purchase a site. 

2. Enlarging. A site of less than one acre may be enlarged to an acre. 

3. Not include road. The acre authorized to be set apart may be so 
measured as not to include any portion of the highway. 101 Iowa, 556. 

4. Thirty rods. The objection of an owner living within thirty rods on 
the opposite side of a site will not prevent an addition to the site on the side 
away from the residence, so as to include an entire acre. 

5. Appeal. From an order of the board making a location of a site to be 
secured by condemnation, an appeal will lie the same as from any other order 
of the board. 

6. Incumbered property. Property incumbered, occupied as a homestead, 
or belonging to minor heirs, may be taken under the provisions of this section. 

7. Condemn. If the district cannot establish its claim to the school- 
house site, owing to the loss of the deed, or for other reason, and the owner 
refuses to sell or lease the site, the district may avail itself of the provisions 
of this and the following sections and secure a site not to exceed one acre. 

8. When provisions do not apply. When purchased, the provisions of this 
section do not apply. The district stands in the same relation to the pub- 
lic and to individuals, in this respect, as do other corporations, and may 
purchase whatever amount of land may be necessary for school purposes. 

9. Location. All sites taken under the provisions of these sections must 
be located on a public road, and at least thirty rods from the residence of 
the owner of the site so taken if he objects to its being placed nearer. 
A person not the owner of the land upon which the site is located cannot 
legally object if the site is located nearer than thirty rods from his resi- 
dence. In cities, incorporated towns, or villages, this prohibition does not 
apply. Decisions 86, School Laws 1892. 

10. How measured. When a site is sought to be condemned, the distance 
of thirty rods mentioned in this section, is measured from the nearest part of 
the residence to the nearest part of the site, in a straight line. 

11. Rebuild. Boards may rebuild on sites without consent of owners of 
residences within thirty rods. 

12. Ten years' use. Under the Iowa statute of limitations, ten years' use 
of a highway by the public, under a claim of right, will bar the owner of 
the soil. 19 Iowa, 123. 

13. Title by prescription. If the public, with the knowledge of the owner 
of land, has claimed and continuously exercised the right of using the same 
for a public highway, for a period equal to that fixed by the statute for the 
limitation of real actions, a complete right to the highway thereby be- 
comes established against the owner, unless it appears that such use was 
by favor, leave or mistake. 22 Iowa, 457. Code, section 3004. 

14. Wlien mortgaged. In case the land desired for a school site is under 
mortgage, the district may receive from the owner the lease of a portion not 
to exceed the authorized amount, to be held by the district as long as used 
for school purposes, and when no longer so used, to revert to the owner. 

15. Title. If a district is in continuous possession under claim of own- 
ership for more than ten years, it becomes the absolute owner of the fee title. 
93 Iowa, 45, and 94 Iowa, 676. 



122 SCHOOL LAWS OF IOWA 

16. Include highways — when. When land is purchased for a site, it will 
include a part of the highway on which it is situated, unless otherwise stipu- 
lated in the deed. 

17. Four acres. In consolidated corporations and school townships hold- 
ing not to exceed two sites, four acres may be acquired for a site. 

18. Owner may object. Any owner of property may object to the pro- 
curement of a site for a schoolhouse within thirty rods of his residence. The 
objection is not limited to owners of land a portion of which is taken for 
such site. Blendenhall v. Board of Directors, 137 Iowa, 554. 

Sec. 2815. Condemnation. If tlie owner of the real estate desired 
for a schoolhouse site, or a public road thereto, refuses or neglects to 
convey the same, or is unknown or cannot be found, the county super- 
intendent of the proper county, vipon the application of either party 
in interest, shall appoint three disinterested referees, unless a less num- 
ber shall be agreed upon, who shall take and subscribe an oath to 
the effect that they will faithfully and impartially discharge the duties 
laid upon them, due notice having been given by the superintendent 
to the owner of the time and place of making the assessments of dam- 
ages as and for the length of time required for the commencement of 
actions in the district court; such referees shall inspect the grounds 
proposed to be taken, fix the damages sustained as near as may be on 
the basis of the value of the real estate so appropriated, and report in 
writing to the superintendent their doings and findings, which report 
shall be filed and preserved in his office ; and upon the amount found 
by the referees being deposited with the ■county treasurer, for the 
use of the owner, possession may at once be taken and the necessary 
building or buildings erected and occupied. From the assessment so 
made either party may appeal to the district court by giving notice 
thereof as in case of taking private property for works of internal 
improvement within twenty days after receiving notice of the award 
made. If such appeal is not taken, the assessment shall be final; if 
taken, the board may proceed with the construction of improvements, 
if the deposit hereinbefore provided has been or shall be made. Upon 
such appeal the school corporation shall not be liable for costs unless 
the owner shall be allowed a greater sum than given by the referees; 
all costs in making the referees assessment to be paid by the school 
corporation. [C. '73, § 1827.] 

Notes: 1. Service. If personal service cannot be made, the notice must 
be published in a newspaper. If the owner of the land lives in the county, 
notice must be served on him at least ten days before the time set for the 
assessment of damages. If the owner or parties having an interest therein 
reside outside of the county and in the same judicial district, fifteen days' 
notice must be given. If outside of the judicial district but in the state, 
twenty days' notice. If parties live outside of the state, the notice must be 
published once a week for four consecutive weeks in some newspaper pub- 
lished in the county. Code, section 3514-3544. Forms, 35, 36 and 38. 

2. Oath to referees. The oath to the referees may not be administered by 
the county superintendent by reason of his office. Such oath may be 
administered by some one empowered in a general way to administer oaths. 
One referee may administer the oath to another referee. Code, section 393. 
A district may condemn a full acre of land. 101 Iowa 556. 



SCHOOL LAWS OF IOWA 123 

3. Opening road. If the land cannot be procured by contract, the road 
may be established in the same manner and by the proceedings provided for 
the establishment of highways, and when the damage has been assessed, the 
district may pay the same. Sections 1482-1517. Decisions, 68. 

4. Lease — approvaL As a matter of safety, a lease should be executed 
in duplicate, one to be held by the secretary of the board, and the other by the 
lessor. The lease should be approved by the board, as in case of a contract, 
and should be filed with the secretary. 

5. Notice of appraisaL Sufficient time must be allowed between the ap- 
l)ointment of this commission and the time set for appraising the damages to 
give the owner legal notice thereof. Code, sections 3517 and 3540. 

6. Compensation of referees. The referees are entitled to two dollars for 
each day's services, and ten cents per mile from their residence to the location 
of the property appraised. Code, sections 354 and 1290. 

7. Holder of tax certificate. The holder of a tax certificate on property 
sought to be condemned is an owner in such sense that he is entitled to notice. 
50 Iowa, 663. 

8. AVhen o^\'ner cannot be found. "When the owner of land taken is un- 
known, or cannot be found, it is not necessary to print the report of appraise- 
ment, or to attempt other notice to said owner than the printed notice required 
by this section. It is sufficient for the county superintendent to send a certified 
copy to the board. 

9. Possession — deposit. If the board has deposited with the county treas- 
urer the amount assessed by the referees in accordance with this section, 
we think the courts would hold that the district had come into possession of 
the site, or would be entitled to the use of the road. 

10. Money deposited. The money deposited with the county treasurer 
should be held for the benefits of the owner of the fee, and not for the mort- 
gagee. 

11. Value of receipt. Since the receipt of the treasurer for the money 
deposited with him for the owner of the land, may be the only evidence of 
title, such a receipt should have a full description of the property, and should 
be recorded by the county recorder. 

12. Deed not necessary. No deed or other instrument from the owner is 
required to authorize the district to occupy the land for school purposes. The 
proceedings should be recorded in full by the district secretary. 

13. Should be recorded. All deeds for school property should be re- 
corded with the county recorder, and the proceedings relating to the acqui- 
sition of such property should be recorded in full by the district secretary. 

14. Abandonment — condemnation — damages on appeal. A district may 
abandon the improvement and decline to pay the amount assessed. 113 
Iowa, 486. 

15. Application to supervisors. When land sought to be taken for a road 
lias been legally condemned, and the amount found by the referees has 
been deposited with the county treasurer, application should be made by the 
board to the board of supervisors for the establishment of the road under 
sections 1482-1517. 

16. Petition by electors. Petition to the board of supervisors may be made 
by the electors as individuals. 110 Iowa, 707. 

17. School property not exempt. The property of school districts in cities 
and towns is not exempt from special taxation, for improvement of streets and 
laying of sidewalks. 55 Iowa, 150. 

18. Road — how established. A road to the schoolhouse may be estab- 
lished in the same manner and by the proceedings provided for the estab- 
lishment of highways in general, and when the damages have been assessed, 
the district may pay the same. Sections 1482-1517. 

19. Expense intended. The expense that is intended shall be paid by the 
district is not more than that of surveying, locating and establishing the 
highway. The building of bridges and the repair of the road with the funds 
of the district would not be warranted by the law. 



124 SCHOOL LAWS OF IOWA 

2 0. Under control of. After a highway has become legally established It 
is wholly and entirely under the control of the board of supervisors. Code, 
section 1482. 

21. Private way — permissive use. The use by a non-owner of a private 
road is permissive and does not vest in him prescriptive rights in the same. 
123 Iowa, 620. 

22. Condemnation — appeal — notice. It is proper to serve notice of appeal 
on the county superintendent before whom condemnatory proceedings were 
commenced. 113 Iowa, 486. 

2 3. Power to open roads. The power to obtain the opening of public 
roads for better access to a schoolhouse having been conferred upon the dis- 
trict, it is fairly to be implied that the district may accomplish that purpose 
by purchase or by any of the usual and appropriate methods by which a public 
way may be established. The district may through its board of directors and 
electors petition the board of supervisors for a road for the benefit of the 
district, and the funds of the district may be lawfully appropriated for the 
payment of damages assessed in such proceeding. Certiorari will not lie to 
review the action of the board of supervisors in establishing such a road. 
Brochway v. Board of Supervisors, 133 Iowa, 293; 110 N. W., 844. 

Sec. 2816. Reversion. In any school district wholly outside any city 
or incorporated town, in the case of non-user for school purposes for 
two years continuously of any real estate acquired for a school house 
site it shall revert, with improvements thereon, to the owner of the 
tract from which it was taken, upon repayment of the purchase price 
without interest, together with the value of the improvements, to be 
determined by arbitration, and upon such payment the school corpora- 
tion shall make formal conveyance to such owner. During its use the 
owner of the right of reversion shall have no interest in or control 
over the premises. [34 G. A., ch. 144; C, '73, § 1828.] 

Notes. 1. Reversionary clause. In case of the donation of a schoolhouse 
site, the following reversionary clause may be appended to the deed: "Pro- 
vided, that if, for the space of two consecutive years, said premises shall cease 
to be used for school purposes, the same shall revert to the original donor, his 
heirs or assigns, without legal hindrance or expense." 

2. Receipt sliould describe site. Since the receipt of the treasurer for the 
money deposited with him, for the owner of the land, may be the only 
evidence of title, such receipt should have a full description of the property, 
and contain this proviso in addition to note 1 above: "Upon the repayment 
of the principal amount paid by the district, without interest, together with 
the value of any improvements thereon made by the district," and the receipt 
should be recorded by the county recorder. 

3. Authority of the County Superintendent. The statutory authority of the 
county superintendent to direct the holding of school for a less number of 
v/eeks than the law requires does not justify him in closing the school for over 
two years, and in event of such closing, will not prevent forfeiture of the 
school property. 151 Iowa, 443. 

4. Nonuse of building. In rural schools, nonuse of school buildings for 
over two years continuously works a reversion to owner of tract from which 
land was taken. 151 Iowa, 443. 

Sec. 2817. Use of barbed wire. Barbed wire shall not be used to 
enclose any school buildings or grounds, nor for any fence or other 
purpose within ten feet of any such grounds. Any person violating 
the provisions of this section shall be punished by fine not exceeding 
twenty-five dollars. [20 G. A., ch. 103.] 

Note: See also sections 2773, 2745-a and 2745-b. 



SCHOOL LAWS OP IOWA 125 

APPEAL. 

Sec. 2818. Appeal to county superintendent. Any person aggrieved 
by any decision or order of the board of directors of any school cor- 
poration in a matter of law or fact may within thirty days after the 
rendition of such decision or the making of such order, appeal there- 
from to the county superintendent of the proper county; the basis of 
the proceedings shall be an affidavit filed with the county superintend- 
ent by the party aggrieved within the time for taking the appeal, 
which affidavit shall set forth any error complained of in a plain and 
concise manner. [C. 73, §§ 1829-31; R., §§ 2133-5.] 

Notes: 1. Matters not appealable. There are many matters that may 
not properly be brought before the county superintendent on appeal. From 
time to time questions are likely to arise upon which the board should be gov- 
erned by its best judgment, or by competent legal advice. 

2. Oflficial opinions — jurisdiction. School officers should not express an 
official opinion upon matters entirely outside of their jurisdiction. Upon 
these subjects it is therefore useless to expect county superintendents, or this 
department, to give any other than general information, such as is pre- 
sumably already within the knowledge of those applying. 

3. Affidavit of appeal — effect of. The filing of an affidavit of appeal has 
the effect of arresting all action by the board in relation to the matter ap- 
pealed from until the appeal is disposed of. 

4. Statu quo. During the pendency of an appeal all matters must re- 
main in statu quo, and this can be enforced by writ of injunction. No opinion 
relating to matters involved in an appeal will be given by this department. 

5. Affidavit. An affidavit is a written declaration sworn to before some 
officer authorized to administer oaths. Code, section 4673. 

6. Jurisdiction — affidavit. A county superintendent can have no juris- 
diction of an appeal case until the affidavit has been filed. Decisions, 7. 

7. Affidavit necessary. A notice of intention to file an affidavit, a verbal 
complaint, or a petition, is not sufficient to give the county superintendent 
jurisdiction in appeal cases. Form 45. School Law 1907. 

8. Affidavit — contents. The affidavit should contain a statement of the 
decision complained of and its date, a statement of facts showing that the 
appellant has an interest in the decision and is injuriously affected by it, 
and the assignment of errors. Form 45. School Law 1907. 

9. Affidavit must be clear. An affidavit of appeal, to be of any value, 
must be sufficiently clear to enable the county superintendent to call upon 
the secretary for a complete transcript of an action that must be described 
so as to be identified. 

10. Title of case. This affidavit being the first paper filed, care should 
be taken that the case is properly entitled, and this title should be pre- 
served throughout the further progress of the appeal. The date of filing 
should be indorsed upon the affidavit by the superintendent. 

11. Notice of filing — effect. When a board receives official notice that an 
affidavit of appeal from its order has been filed, all action by the board in re- 
lation to the matter appealed from will be suspended until the decision in 
appeal has been given. 

12. Rigflit of appeal. The right of appeal is limited to persons aggrieved 
or injuriously affected by the decision or order complained of. Decisions, 21, 
33. School Laws 1907. 

13. AVhen barred. If a person aggrieved by a decision or order of the 
board fails to protect his rights by taking an appeal within the thirty days 
prescribed, he is barred by the statute from the remedy of appeal. 



126 SCHOOL LAWS OF IOWA 

14. Computing: time. In computing time the first day shall be excluded 
and the last included, unless the last falls on Sunday, in which case the time 
prescribed shall be extended so as to include the whole of the following 
Monday. Code, section 48, subsection 23. 

15. Discretionary act — weight of. When the act complained of is of a 
discretionary character, the action of the board should be sustained, unless 
it is clearly shown that the board violated law, abused its discretion, or 
acted with manifest injustice. Decisions, 38, 48, 51, 56. 

16. Clioice of remedies. In certain cases an aggrieved party has a choice 
of legal remedies. 56 Iowa, 476. 

17. Mandamus. As an appeal often consumes valuable time, mandamus 
is sometimes a more speedy as well as a better remedy, to compel the per- 
formance of an official duty. Decisions, 14, 34. 

18. Mandatory — mandamus. Where the law is mandatory in requiring 
the board to act upon a petition, the remedy for its refusal is mandamus 
and not appeal. 86 Iowa, 669. 

19. Violation of mandatory law — mandamus. When a board violates a 
mandatory requirement, application by an interested party to a court for 
a writ to compel the board to act as directed by the statute is the more 
speedy and preferable remedy. 44 Iowa, 432; 50 Iowa, 648, and 71 Iowa, 
632. Decisions, 34. 

2 0. Certiorai"'!. A writ of certiorari is never used to correct a mere 
error, but only to test the jurisdiction of the tribunal and the legality of 
its action. 118 Iowa, 519; 55 Iowa, 215. 

21. When appeal will lie. That an appeal may lie there must be an or- 
der or action by the board. To compel an action, appeal is not the remedy, 
but application to a court of law. Decisions, 80. 

22. Action of board defined. By an action of the board is meant a vote 
taken by it and made of record at a meeting legally constituted. The board 
may at any time correct mistakes in its record, or supply omissions. 

23. When no appeal. Appeal cannot be taken where the board simply 
refuses or neglects to act. 71 Iowa, 632. 

24. Remedy in case of neglect. In case of wilful neglect or intentional 
failure to take action as intended by the law, the remedy for any party 
aggrieved is application to a court for a writ to require the board to con- 
sider and act upon the important matter brought to its attention. And its 
order when made of record will then be subject to be made the basis of 
an appeal. 

2 5. Complete record. If desirable to clear the record, or to make a mat- 
ter plain beyond question, sometimes the board may re-enact all its former 
transactions with regard to the matter involved. If it is supposed that the 
board took an action which purposely was not made a matter of record, 
it may be compelled by an order of court to complete its record. 

2 6. Initiatory step — no appeal. No appeal may be taken from the action 
of the board taking the initiatory step, while it requires the concurrence 
of another board to complete the action. The concurrence or refusal of 
the second board is the order from which an appeal may be taken. Note 
13 to section 2802. 

2 7. To lay on table. An appeal may be taken from an action of the board 
to lay a petition on the table. Decisions, 88. 

28. Jurisdiction de novo. In an appeal to the county and state super- 
intendent of public instruction, from the action of the board fixing bound- 
aries, the superintendents have jurisdiction de novo, and can enter any 
order that the board could have made in the matter. 110 Iowa, 652; 95 
Iowa, 300; 69 Iowa, 161. For contrary opinion see Jos. Do^ibet v. Ind. Dist. 
Clearfield, 111 N. W., 326. 



SCHOOL LAWS OF IOWA 127 

29. Discharge— effect of appeal. An appeal to the county superintendent 
settles conclusively the wrongfulness of the teacher's discharge, though such 
appeal was determined on the ground that plaintiff had not been given a hear- 
ing before the board of directors, and not on the merits of the case. 110 Iowa, 
313. 

30. Biu'deii of proof. In a trial before the county superintendent on an 
appeal from an action of the board discharging a teacher, the burden of 
proof is on the board. Decisions, 102. 

31. Review of actions of boards. While the review of the action of & 
school board with reference to a matter within its jurisdiction is by appeal 
to the county superintendent, yet the question of whether the board had 
power to make a certain rule for the government of the schools, can be 
reviewed by the court in a mandamus proceeding. 129 Iowa, 441. 

32. Discretionary acts — appeal. When a county superintendent is exer- 
cising a discretionary act the courts will not interfere and any abuse of 
discretion must be remedied on appeal. 110 Iowa, 30. See also 93 Iowa, 
269. 10'7 Iowa, 29, differs. 

3 3. Notice of appeal — on whom served. Notice served on the president 
of the board is held to be sufficient. 113 Iowa, 486. 

34. Expediency — review of. A question of expediency cannot be re- 
viewed by certiorari. 61 Iowa, 334. 

35. Appeal — when necessary. Before an action for damages mav be main- 
tained, the wrongfulness of the discharge must be determined by appeal. 
Section 2782, 53 Iowa, 585. Siee note 29. But the remedy of one discharged on 
the ground of illegality of contract is by an action in court. 107 Iowa, 29. 

3 6. Formation of consolidated districts. The expediency of the formation 
of a consolidated district out of portions of the territory of other districts with 
reference to the effect on such other districts is to be determined by the county 
superintendent on appeal and not by the court which is asked to pass upon 
the validity of the action of the board to which the petition is directed. School 
Dist. Township v. Independent School Dist., 149 Iowa, 480; 128 N. W., 848. 

37. Discretion. Where a discretion is vested in the school board subject 
only to appeal to the county superintendent and from him to the state super- 
intendent, the courts will not interfere with the exercise of such discretion 
by mandamus. Templer v. School Township, 141 N. W., 1054. 

Sec. 2819. Hearing and decision. The county superintendent shall, 
within five days after the filing- of such affidavit in his office, notify the 
secretary of the proper school corporation in writing of the taking of 
such appeal ; the latter shall, within ten days after being thus notified, 
file in the office of the county superintendent a complete transcript of 
the record and proceedings relating to the decision complained of, 
which transcript shall be certified to be correct by the secretary; after 
the filing of the transcript aforesaid the county superintendent shall 
notify in writing all persons adversely interested of the time and 
place where the matter of the appeal will be heard by him. At the 
time fixed for the hearing he shall hear testimony for either party, 
and he shall make such decision as may be just and equitable, which 
shall be final unless appealed from as hereinafter provided. [C. '73, §§ 
1832-4; R., §§ 2136-8.] 

Notes: 1. Notice of appeal. The notice should describe the decision or 
order appealed from, so that it may be identified, and should require the 
district secretary to file the transcript with the superintendent within the 
time specified. The notice may be served personally or sent by mail. 



128 SCHOOL LAWS OF IOWA 

2. Secretary's transcript. The secretary shall make and forward a tran- 
script or copy of the record of all actions of the hoard relating to the decision 
or order appealed from; also of all petitions, remonstrances, plats, and other 
papers pertaining thereto. The original papers must be preserved with the 
district records. 

3. Basis of appeaL The basis of an appeal is the recorded action of the 
board. If the secretary certifies that there is no record of an action by the 
board in any such matter as is described in the notice for a transcript, then it 
will be impossible to carry forward the appeal. Notes 22 to 24, section 2818. 

4. Effect of delay in filing transcript. A failure to tile the transcript 
will not affect the proceedings in any other way than to cause delay. The 
secretary will take the risk of censure by a court for failure to attend to his 
official duty. Decisions, 34, Laws of 1907. 

5. Date of hearing. The time to elapse between the filing of the transcript 
and the hearing of the appeal is not fixed by the statute. This is left to 
the county superintendent to determine. 

6. Notice of hearing. Notice of the time and place of hearing should 
be given to the appellant, to the secretary of the board, and to any other 
persons known to be directly interested. The notices may be served per- 
sonally or sent by mail. 

7. Notice — to whom sent. The appellant, the president, the secretary of 
the board, and other parties known to be directly interested, should receive 
a copy of this notice. 

8. Date of filing — indorsement. The date of filing every paper should 
be indorsed thereon; also in the case of motions, orders and rulings of the 
county superintendent. All oral motions and an abstract of the testimony 
should be reduced in writing at the time of trial. 

9. Docket. The docket or minutes of the superintendent should com 
mence by noting the filing of the affidavit. He will afterwards, as the acts 
transpire, record the sending of the notice of appeal to the district secre- 
tary, the filing of the transcript, the sending of notices of the hearing, 
and any adjournment of the case that may be granted. At the trial he will 
carefully note down the names of all parties appearing, and their postoffice 
address, and whether they appear for or against the appeal; also the filing 
of all papers and names of witnesses, and in whose behalf such papers or 
witnesses are introduced. The decision of the superintendent will form 
an appropriate close of his minutes. 

10. Under oath. All evidence must be given under oath, and the sub- 
stance reduced to writing at the time by the county superintendent. It is 
recommended that a summary of what each witness testifies be made, read 
to the witness, and signed by him. It is of the first importance that the 
record of the testimony be full and accurate, as the decision of the county 
superintendent, also of the superintendent of public instruction, in case the 
appeal is carried up, must be based upon the record of evidence introduced. 
This testimony should be preserved with the other papers of the case. 

11. Introduction of evidence. While the county superintendent will not 
be prevented from entertaining and considering testimony not before the 
board, the general rule and practice should be no attempt to confine the 
hearing as far as practicable to the matters considered by the board and 
to the facts, statements and testimony, that were within the possession of 
the board at the time the action complained of, which is being reviewed by 
the county superintendent, was taken. 

12. Presei*ving order. In case of disturbance or interruption during the 
trial of an appeal before a county superintendent, as he is not invested with 
complete judicial power, he has only the ordinary remedy of complaint to 
the proper authorities. Code, section 5033. 



SCHOOL LAWS OF IOWA ' ' 129 

13. Call witness. The county superintendent may upon his own motion 
call any witness to the stand and have his testimony taken. 

14. Technicalities. While mere technicalities should not be permitted 
to prevent the attainment of justice, it is proper that as to evidence and 
practice the superintendent should be governed by many of the rules which 
ordinarily obtain in courts. 

15. Question to bo determined. The leading question to be determined 
by the county superintendent is whether in making the decision or order 
complained of, the board committed an error to such an extent as to require 
a reversal. 

16. Discretionai-y acts — weight of. Acts of a board purely discretionary 
in their nature should be given great weight. To warrant a reversal, posi- 
tive error must be found, and such error must appear clearly in the testimony. 

17. Remanding, When an appellate tribunal is unable to decide an appeal 
because the testimony is insufficient or the transcript of the action of the 
board is incomplete, and the facts are not sufficiently shown to determine 
what should be done, the case may be remanded for a new trial, or for further 
action by the board. 

18. Report of decision. To those interested in the issue of an appeal 
the county superintendent should send a statement of the result; that is, 
whether the order of the board was affirmed or reversed. 

19. Stenogi'apher — evidence. The expense of a stenographer- should not 
be incurred unless the parties to the case provide for defraying it. An abstract 
of the testimony of each witness should be made and should be signed by him 
before he is excused. See note 3, section 2821. 

20. Decision — jurisdiction. Section 2818, notes 27 to 34. 

Sec. 2820. Appeal to state superintendent— no money judgment. 

An appeal may be taken from the decision of the county superintendent 
to the superintendent of public instruction in the same manner as pro- 
vided in this chapter for taking appeals from the board of a school cor- 
poration to the county superintendent, as nearly as applicable, except 
that thirty days' notice of the appeal shall be given by the appellant to 
the county superintendent, and also to the adverse party. The de- 
cision when made shall be final. Nothing in this chapter shall be 
so construed as to authorize either the county or state superintendent 
to render judgment for money; neither shall they be allowed any other 
compensation than is now allowed by law. All necessary postage must 
first be paid by the party aggrieved. [C. '73, §§ 1835-6 ; R., §§ 2139-40.] 

Notes: 1. Appeals — manner of conducting. Appeals to the superinten- 
ent of public instruction are conducted in tiae same manner and governed 
by the same rules, so far as applicable, as appeals to county superintendents. 
The basis of appeal must be an affidavit filed in the office of the superintendent 
of public instruction, within thirty days from the date of the decision ap- 
pealed from. 

2. Notice to county superintendent. Upon the filing of an affidavit the 
superintendent of public instruction will notify the county superintendent to 
forward a transcript of the papers in the case within thirty days. The 
original papers must be preserved on file in the county superintendent's office. 

3. County superintendent's transcript. When an appeal is taken to the 
superintendent of public instruction, the county superintendent must have 
a copy of the testimony and of his docket prepared. It is very desirable that 
this transcript should be in typewritten work. 

9 



130 SCHOOL LAWS OF IOWA 

4. What included. The transcript of the county superintendent will 
consist of a literal copy of every paper filed and all indorsements thereon, 
together with a copy of all testimony given, the whole arranged in chrono- 
logical order, closing with the decisions of the county superintendent in full, 
with the certificate annexed. 

In filing transcripts, the county superintendent should use care in pre- 
paring the papers. They should be uniform in size and typewritten. In 
case maps and plats are used, they should be brought down to the proper 
size. All paper used in making a transcript should be Sy2 inches by 13 
inches. Suitable margins should be left on every sheet. Each question and 
answer should be fully set out. 

5. Transcript — a copy. The transcript in an appeal is supposed to be 
an exact copy of the papers and testimony in the case, preserved on file in 
the office of the county superintendent. Any one interested may claim the 
privilege of examining the original records in the case, at any proper time. 

6. Expense of stenographer. It is obvious that the county superintendent 
himself should not be expected to pay for having a typewritten transcript 
of the record made in an appeal to the superintendent of public instruction. 
Expenses of this character, closely connected by law with the work of the 
county superintendent's office, should be paid for by the board of supervisors 
in the same manner that assistance is furnished to other county officers 
when needed. 

7. Notice. The law requires that the appellant shall give thirty days' 
notice to the county superintendent, and also to the adverse party, of the 
taking of the appeal. This notice should be served as soon as the affidavit 
of appeal has been filed and proof of such service should be filed with the 
affidavit. The time for final hearing of the appeal will be fixed by the 
superintendent of public instruction, and may be at any time after thirty 
days from the filing of the affidavit. 

8. Appearance. At the hearing, parties interested may appear person- 
ally or by attorney, and argue their cases orally if they desire, or they may 
send arguments in writing or if possible, in typewriting. 

9. Source of data. The record of the case in the office of the county 
superintendent, which is a public record and open to examination by parties 
interested, will furnish all needed data, where access to transcript sent up 
is inconvenient. 

10. Original evidence. The superintendent of public instruction will not 
hear original testimony in cases submitted to him. Decision, 50. 

11. Revocation of certificate^ — appeal. Any person aggrieved by the action 
of a county superintendent revoking a certificate may appeal to the super- 
intendent of public instruction, provided such appeal is taken within tea 
days from the mailing of the notice of revocation. Section 2734-u. 

12. Decision — enforcement. A person in whose favor an appeal is de- 
cided has the remedy of a writ of mandamus from a court of law to enforce 
the decision of appeal. 69 Iowa, 533, and 72 Iowa, 379. 

13. Decision final. A decision in appeal by a county superintendent or 
the superintendent of public instruction is final in the sense that no court 
will attempt to review or set aside such a decision if the matters included are 
clearly within the jurisdiction of such school officers. 69 Iowa, 533, and 110 
Iowa, 652. 

14. When hoard may take different action. An appeal decision does not 
always prevent the board from acting anew upon the matters involved in 
the appeal. If the order of a board is affirmed the board will be left free 
to take any action thought best by it; that is, it will have the same freedom 
to act that it would have if no appeal had been taken. 

15. Mandamus. Until the board has taken a different action no doubt 
mandamus will be a remedy to compel the board to carry into effect the appeal 
decision and the former action of the board. 



SCHOOL LAWS OF IOWA 131 

16. Remanding. If it is shown conclusively that a transcript is ma- 
terially defective, that valuable testimony heard upon the trial before the 
county superintendent is not included in the transcript, or that testimony 
which should not have been omitted was excluded, an appeal case may be 
remanded to the county superintendent for another trial. 

17. Reversing a reversal — effect. When the decision of the county su- 
perintendent on appeal, reversing the order of the board, is reversed by 
the superintendent of public instruction on the appeal to him, the effect 
of the last decision, which is final, is lo affirm the original order made 
by the board, and the result of this is to leave the matter as entirely in the 
hands of the board as though no appeal had ever been taken from its action. 
Decisions, 48. 

18. Affirming a i*eversal — effect. But if the county superintendent reverses 
an order of the board and the superintendent of public instruction affirms 
the decision of the county superintendent, such decision will prevent the 
board from taking any action in the matter until some material change occurs, 
rendering such a new action necessary. Decisions, 35, 61. 

19. Postage. Payment for postage in advance will be required with the 
affidavit. It is impossible to tell what amount of postage will be needed in 
each case, and one dollar will be required to cover all needed postage. If the 
dollar does not accompany the affidavit, the filing will be delayed until the 
amount is received. 

2 0. Material change of conditions— different action. A material change 
of conditions in a corporation may warrant a board of directors in taking 
action different from that ordered by the county superintendent or superin- 
tendent of public instruction on appeal. Douhet v. Board of Directors, 111 
N. W., 326. See also 70 Iowa, 338. Decisions, 38. 

21. AVitnesses — fees. Section 2821 below. 

22. Change decision. The state superintendent does not have authority 
to change his decision as to the proper location of a schoolhouse site on account 
of change of conditions after the rendering of his decision. Doubet v. Board of 
Directors, 135-95; 111 N. W., 326. 

23. Enforcement of superintendent's decision. The decision of the state 
superintendent on an appeal involving the action of a board of directors on a 
matter as to which such board has exclusive jurisdiction, may be enforced as 
against the board by mandamus. State v. Thomas, 152-500; 132 N. W., 842. 

Sec. 2820-dl. Indebtedness authorized in certain districts. Any in- 
dependent district containing or contained in any city, town or village, 
or any consolidated independent district shall be allowed to become 
indebted, for the purpose of building and furnishing a schoolhouse or 
houses and procuring a site therefor, or for the purpose of purchasing 
land to add to a site already owned, to an amount not to exceed in the 
aggregate, including all other indebtedness, five per centum of the 
actual value of the taxable property within such independent school 
district, such value to be ascertained by the last county tax list pre- 
vious to the incurring of such indebtedness, anything contained in 
section thirteen hundred and six-b of the supplement to the code, 
1907, to the contrary notwithstanding. [35 G. A., ch. 254, § 1- 35 G 
A., ch. 10, § 1 ; 34 G. A., ch. 145, § 1 ; 33 G. A., eh. 184, § 1.] 

[^Substitute continues to § 2820-d5 inclusive. Editor.] 

Sec. 2820-d2. Petition for election. Provided, that before such in- 
debtedness can be contracted in excess of one and one-quarter per 
centum of the actual value of the taxable property ascertained as pro- 





Yes 




No 



132 SCHOOL LAWS OF IOWA 

vided in this act, a petition signed by a number equal to twenty-five 
per cent of those voting at the last school election shall be filed with 
the president of the board of directors, asking that an election shall 
be called, stating the purpose for which the money is to be used, and 
that the necessary schoolhouse or houses cannot be built and furnished, 
or that sufficient land cannot be purchased to add to a site already 
owned, within the limit of one and one-quarter per centum of the 
valuation. [35 G. A., ch. 254, § 2; 34 G. A., ch. 145, § 2; 33 G. A., ch. 
184, §2.] 

See. 2820-d3. Submission of question — notice^ — ballot. The presi- 
dent of the board of directors, on receipt of such petition shall, within 
ten days, call a meeting of the board who shall call such election, fixing 
the time and place thereof, which may be at the time and place of 
holding the regular school election. Four weeks' notice of such elec- 
tion shall be given by publication once each week, in some newspaper 
published in the said town or city, or if none be published therein, in 
the next nearest town or city in the county. At such election the 
ballot shall be prepared and used in substantially the following form : 

Shall the (naming the independent district) issue bonds 

in the sum of dollars ($ ) 

for the purpose of constructing or equipping school- 
houses? [33 G. A., ch. 184, § 3.] 

Sec. 2820-d4. Bonds. If a majority of all the electors voting at 
such election vote in favor of the issuance of such bonds, the board of 
directors shall issue the same and make provision for the payment of 
the same and the interest thereon as provided in sections twenty-eight 
hundred twelve-d, twenty-eight hundred twelve-e, twenty-eight hun- 
dred twelve-f and twenty-eight hundred thirteen of the supplement to 
the code, 1907. [33 G. A., ch. 184, § 4.] 

Sec. 2820-d5. To what applicable. But this act shall in no wise 
affect pending litigation nor act or acts of any school board under 
the statute or statutes herein repealed; but the transaction, if any, 
may be completed with the same force and effect as if the statute 
were not repealed. [33 G. A., ch. 184, § 5.] 

Sec. 2820-e. Consolidation authorized. That in all cities of the first 
class containing a population of fifty thousand or over, according to 
any census taken by the authority or under the direction of the state 
of Iowa or of the United States, all the territory embraced within the 
corporate limits of any such city may be consolidated into and become 
one independent school district, known as the independent school dis- 
trict of (naming the city), state of Iowa, in the manner following: 
[32 G. A., ch. 155, § 1.] 

Note: Districts. Several school districts may exist wholly or in part 
within a city or town. Independent School Dist. v. Jones, 142-8, 120 N. W. 315. 



SCHOOL LAWS OF IOWA 133 

Sec. 2820-f. Petition — question submitted — consolidation effected — 
board of directors — officers. When a written petition, requesting the 
establishment of a consolidated independent district whose territory- 
shall be co-extensive with that of such city, signed by one hundred 
voters of such city, is filed with the board of the school corporation 
therein having the largest number of voters, it shall be the duty of 
said board within ten days, to call an election, at which all the voters 
residing in the proposed district shall be allowed to vote by ballot 
for or against the proposition, "Shall all the territory within the city 
of (naming it) be united into one school district?" The board calling 
said election shall divide the territory within the proposed district 
into such number of precincts as the board shall determine, and the 
judges of election shall make and certify a return of the vote to the 
secretary of the same board which shall, on the next Monday after 
the election, canvass the returns made to the secretary, ascertain the 
result of the election, declare the same and cause a record to be made 
thereof, and in all other respects, except as inconsistent with the pro- 
visions of this act, the election shall be conducted as provided by 
law for elections in independent school districts in cities of the first 
class. If a majority of the votes cast at such election is favorable 
to the proposition, the consolidation and formation of said independent 
district shall thereby be effected, and the board of directors, treasurer, 
and other officers of the school corporation then holding office in the 
district affected by such consolidation having the largest number of 
voters, shall become the board of directors, treasurer and other officers 
of such consolidated district, and shall continue to hold their respec- 
tive offices until the terms for which they were originally elected shall 
expire. The terms of office of all directors, treasurers and officers 
of boards in all the other districts affected by this act, lying wholly 
within such consolidated district and holding office at the time of 
such consolidation, shall cease and determine, and in case of dis- 
tricts lying partly without such consolidated district, the directors, 
officers and treasurers shall continue to have authority only over the 
territory lying within their district, and without the consolidated dis- 
trict; provided that nothing herein contained shall affect the terms 
of employment of superntendents, principals, or teachers for the cur- 
rent school year, in which such consolidation may be effected [32 G 
A., ch. 155, § 2.] 

Note 1. Determining population. In determining the population of the 
different districts to be consolidated, the last state census is admissible in evi- 
dence, and also the school register prepared under code § 2755. State v Grefe 
139-18, 117 N. W. 13. • / . 

2. Officers. The provision as to officers of the consolidated district 
simply indicates those who are to be temporarily in authority, leaving the 
succession to office as regulated by code supp. § 2802. The new board of 
directors alone can act in equitably apportioning assets and liabilities. lUd. 

Sec. 2820-^. Taxes. All taxes previously certified during that year 
shall be void so far as the property within the limits of the consoli- 
dated independent district is concerned. And all taxes necessary for 



134 SCHOOL LAWS OF IOWA 

the new corporation for that year shall be certified and levied as pro- 
vided in section twenty-seven hundred ninety-sis of the code. All 
property belonging to districts affected by such consolidation shall 
become the property of the consolidated district, except that in case 
of districts lying partly without such city, the liabilities and assets 
of such districts shall be equitably apportioned in accordance with 
chapter one hundred thirty-six, section thirteen, acts of the thirty- 
first general assembly, but nothing herein contained shall affect the 
rights of existing creditors. [32 G. A., ch. 155, § 3.] 

Sec. 2820-h. Election expense. The expense of such election shall 
be borne by the consolidated district, in case such district shall be 
formed, otherwise by the separate districts in proportion to_ the as- 
sessed valuation therein within the proposed consolidated district. [32 
G. A., ch. 155, § 4.] 

Sec. 2821. Witnesses — fees. The county superintendent in all mat- 
ters triable before him shall have power to issue subpoenas for wit- 
nesses, which may be served by any peace officer, compel the attend- 
ance of those thus served, and the giving of evidence by them, in the same 
manner and to the same extent as the district court may do, and such 
witnesses and officers may be allowed the same compensation as is 
paid for like attendance or service in such court, which shall be paid 
out of the contingent fund of the proper school corporation, upon the 
certificate of the superintendent to and warrant of the secretary upon 
the treasurer; but if the superintendent is of the opinion that the 
proceedings were instituted without reasonable cause therefor, or if, 
in case of an appeal, it shall not be sustained, he shall enter such find- 
ings in the record, and tax all costs to the party responsible therefor. 
A transcript thereof shall be filed in the office of the clerk of the 
district court and a judgment entered thereon by him, which shall be 
collected as other judgments. [First appeared in the code of 1897.] 

Notes: 1. Costs — includes what. The term costs includes only witness 
fees and fees to officers for the service of subpoenas. Fees cannot be allowed 
to any witness unless such witness is subpoenaed by the county superintendent. 
Decisions, 95. 

2. Filing transcript. When an appeal is taken from the decision of the 
county superintendent that officer should not file his transcript of costs with 
the clerk of courts until the case is finally determined by this department. 
Bond for costs cannot be required. Decisions, 85. 

3. Stenographer— expense of. The expenses of a stenographer cannot be 
taxed as a part of the costs. There is no authority in law to employ a stenog- 
rapher and tax the expenses of such stenographer as costs in an appeal case. 
Opinion of attorney-general, 1899. 

4. Rehearing — costs. Section 2 821 does not provide for the payment of 
costs or expenses in case of a rehearing on the question of issuing a certificate. 

Sec. 2822. Penalties. Any school officer wilfully violating any pro- 
vision of this chapter, or wilfully failing or refusing to perform any 
duty imposed by law, shall forfeit and pay into the treasury of the 
particular school corporation in which the violation occurs the sum 



SCHOOL LAWS OP IOWA 135 

of twenty-five dollars, action to recover which shall be brought in the 
name of the proper school corporation, and be applied to the use of 
the schools therein. [C. '73, 1746, 1786; R., §§ 2047, 2081; C. '51, § 
3137.] 

Sec. 2823. Provisions apply to all corporations — issuance of bonds. 

The provisions of this chapter shall apply alike to all districts, except 
when otherwise clearly stated, and the power given to one form of 
corporation, or to a board in one known corporation, shall be exercised 
by the other in the same manner, as nearly as practicable. But school 
boards shall not incur original indebtedness by the issuance of bonds 
until authorized by the voters of the school corporation. [First ap- 
pears in the code of 1897.] 

Note: What included. The chapter referred to in this section includes 
everything contained in the school laws from section 2743 to section 2823-t 
inclusive. 

COMPULSORY ATTENDANCE. 

Sec. 2823-a. Duties of parents and guardians — penalty — exceptions. 

Any person having control of any child of the age of seven to sixteen 
years inclusive, in proper physical and mental condition to attend 
school, shall cause such child to attend some public, private, or paro- 
chial school, where the common school branches of reading, writing, 
spelling, arithmetic, grammar, geography, physiology, and United 
States history are taught, or to attend upon equivalent instruction 
by a competent teacher elsewhere than school, for at least twenty-four 
consecutive school weeks in each school year, commencing with the 
first week of school after the first day of September, unless the board 
of school directors shall determine upon a later date which date shall 
not be later than the first Monday in December; but the board of 
school directors in any city of the first or second class may require 
attendance for the entire time the schools are in session in any school 
year. Provided that this section shall not apply to any child who 
lives more than two miles from any school by the nearest traveled 
road except in those districts in which the pupils are transported at 
public expense, or who is over the age of fourteen and is regularly 
employed; or has educational qualifications equal to those^ of pupils 
who have completed the eighth grade ; or who is excused for sufficient 
reasons by any court of record or judge thereof; or while attending 
religious service or receiving religious instructions. Any person who 
shall violate the provisions of this section shall be guilty of a mis- 
demeanor, and upon conviction thereof shall pay a fine of not less than 
three dollars nor more than twenty dollars, for each offense. [35 G. 
A., ch. 255, § 1 ; 33 G. A., eh. 187, § 1 ; 33 G. A., ch. 186, § 1 ; 30 G. A., 
ch. 116, § 1 ; 29 G. A., ch. 128, § 1.] 

[^"that" in enrolled bill. Editor.] 

[For provisions respecting children defective in hearing and sight, see §S 
2718-c to 2718-f, inclusive. Editob.] 



136 SCHOOL LAWS OF IOWA 

Note: Seven to sixteen, inclusive — meaning. The language of the sec- 
tion "to sixteen years" cannot be construed to extend beyond the time wlien 
the child becomes fourteen years of age. The word "inclusive" following clearly 
applies to the time intervening between the ages of seven and fourteen years. 
* * * I am therefore of the opinion that the word "inclusive," as used in 
the section, does not extend the period during which a child can be compelled 
to attend school beyond the time he becomes fourteen years of age. Report of 
attorney general, 1904, page 95. 

Sec. 2823-b. Reports to secretary. Upon notice from the secretary 
of the school corporation within which such school is conducted, it 
shall be the duty of each principal of each private or parochial school, 
once during each school year, and at any time when requested in 
individual cases, and within ten days from the receipt of such notice, 
to furnish to such secretary a certificate and report of the names, ages 
and attendance of the pupils in attendance at such school during the 
preceding year and from the time of the last preceding report to the 
time at which a report is required and any person having the control 
of any child between seven and fourteen years of age inclusive, who 
shall place the same under private instruction, not in a regularly con- 
ducted school, upon receiving notice from the secretary of the school 
corporation, shall furnish a like certificate stating the name and age 
of such child and the period of time during which said child has been 
under said private instruction; and any person having the control of 
such child who is physically or mentally unable to attend school, pub- 
lic or private, shall furnish proofs by affidavit or affidavits as to the 
physical or mental condition of such child. All such certificates, re- 
ports and proofs shall be filed and preserved in the office of the secre- 
tary of the school corporation as a part of the records of his office. 
[29 G. A., ch. 128, § 2.] 

Sec. 2823-c. Certified copies. It shall be the duty of the secretary 
of the school corporation to furnish to any person interested, where so 
requested, certified copies of all certificates contemplated by this act, 
on file in his office. [29 G. A., ch. 128, § 3.] 

Sec. 2823-d. Truant schools. The board of directors of any school 
corporation may establish truant schools, or set apart separate rooms 
in any public school building, for the instruction of children who are 
habitually truant from instruction, as contemplated by this act. Such 
directors may provide for the confinement, maintenance, and instruc- 
tion of such children in such schools, under such reasonable rules and 
regulations as they may prescribe. If any child, committed or sent 
to the truant school shall prove insubordinate and escape from such 
school during school hours, or absent himself or herself therefrom with- 
out the consent of the persons in charge thereof, then it shall be the 
duty of the person in charge of said school with the consent of the 
parent or guardian to file information before the judge of a court 
of record, who may, if the charge be found to be true and the said 
child be habitually vagrant, disorderly, or incorrigible commit such 
child to one of the industrial schools of the state, under the same 



SCHOOL LAWS OF IOWA 137 

proceeding as is provided by section twenty-seven hundred eight 
(2708) of the code so far as the same may be applicable. [29 G. A., 
ch. 128, §4.] 

Sec. 2823-e. Truant ofRcers. The board of directors of each school 
corporation may, and in school corporations having a population of 
twenty thousand (20,000) or more shall, at their annual meeting in 
each year, appoint one or more truant officers, who shall serve for one 
year, and who may be a constable or a member of the police force, 
whose duty it shall be to report violations of this act to the secretary 
of the school corporation, and see to the enforcement of the provisions 
of this act. It shall be the duty of said truant officer or officers to 
apprehend and take into custody without warrant any child of the age 
of seven (7) to fourteen (14) years inclusive, who habitually frequents 
or loiters about public places during school hours without lawful oc- 
cupation, or cannot produce a certificate as provided in section two 
(2) hereof, also any truant child who absents himself or herself from 
school, and place him or her in charge of the teacher having charge 
of any school, which said child is entitled to attend, and which school 
may be designated to said officers by the person having legal control 
of such child. Provided, however, in case the school so designated by 
the parent or person having the care and control of said child be a 
public school it shall be such as directed by the rules and regulations 
of the school board and the statutes of the state, and if other than a 
public school, the maintenance of said child in such school shall be 
without expense to the school corporation or state. Upon failure of 
such child to properly attend or when on report of the teacher having 
the custody of such child, said child is shown to not properly conduct 
itself in the school where placed as herein provided, the child may be 
removed therefrom by the board of directors and placed either in a 
public school or a truant school conducted in said district. The truant 
officer or officers shall be entitled to such compensation for service 
rendered under this act, as shall be fixed by the board of directors ap- 
pointing him or them, which compensation shall be paid from the con- 
tingent fund of said district. In towns and cities of the second class, 
the independent school district may employ the marshal or other police 
officer of such city or town to act as truant officer, and pay him a 
salary in addition to that received from such city or town of not to 
exceed five ($5.00) dollars per month. [33 G. A., ch. 188; 30 G. A., 
ch. 116, § 2; 29 G. A., ch. 128, § 5.] 

Sec. 2823-f. Enforcement. It shall be the duty of the director or 
president of any board of directors, or any truant officers appointed 
by such board of directors, to enforce the provisions of this act, to sue 
for and recover the penalties herein provided, and to institute criminal 
prosecution against any person violating the provisions of this act, and 
any such officers neglecting to do so -within thirty (30) days after a 
written notice has been served upon him by any citizen of said district 
or the county superintendent of the county within which the offending 



138 SCHOOL LAWS OF IOWA 

person shall reside, shall himself be liable for a fine of not less than ten 
($10) dollars nor more than twenty ($20) dollars for each offense. [32" 
G. A, eh. 154; 29 G. A., ch. 128, § 6.] 

Sec. 2823-g. Teachers and school officers — duties. All teachers of 
the public schools of the state, and county superintendents, and school 
officers and employees shall promptly report to the secretary of the 
school corporation any violations of the provisions of this act, of which 
they have knowledge or information, and he shall promptly inform the 
president of the board of directors thereof, and such president shall, if 
necessary, call a meeting of the board of directors to take such action 
thereon as the facts shall justify, and any child placed in any truant 
school may be discharged therefrom at the discretion of the board, upon 
sufficient assurance of the future good conduct of such child. [29 G. 
A., ch. 128, § 7.] 

Sec. 2823-h. Provisions for punishment. The board of directors of 
every school corporation is hereby authorized to provide such reason- 
able methods of punishment of children who are habitually truant from 
school, or who habitually frequent or loiter about public places during 
school hours, without lawful occupation, as may be necessary to carry 
out and make effectual the provisions of this act. [29 G. A., ch. 128, 
§ 8.] 

Sec. 2823-i. School census. It shall be the duty of all officers, em- 
powered to take the school census, to ascertain the number of children 
of the ages of seven to sixteen years, inclusive, in their respective dis- 
tricts, the number of such children who do not attend school, and so 
far as possible the cause of failure to attend school. [35 G. A., eh. 255, 
§ 2; 29 G. A., ch. 128, § 9.] 

SCHOOL LAWS — SALE. 

Sec. 2823-j. Compilation — ^number — distribution. The superintend- 
ent of public instruction shall every four years, if deemed necessary, 
cause to be printed, bound and distributed all school laws in force 
up to that time, the number to be determined by the executive coun- 
cil. Each county superintendent shall be furnished a sufficient num- 
ber of copies to supply the school officers of the state and such others 
as may request them. [35 G. A., ch. 256, § 1 ; 27 G. A., ch. 90, § 1.] 

LIBRARIES. 

Sec. 2823-n. Library fund. The treasurer of each school township 
and each rural independent district in this state shall withhold annu- 
ally, from the money received from the apportionment for the several 
school districts, not less than five nor more than fifteen cents, as may 
be ordered by the board, for each person of school age residing in each 
school corporation, as shown by the annual report of the secretary, for 
the purchase of books as hereinafter provided. "When so ordered by the 
board of directors, the provisions of this section shall apply to any 
independent district. [28 G. A., ch. 23, § 1.] 



SCHOOL LAWS OP IOWA 139 

Notes: 1. Mandatory. It is mandatory upon the treasurer in each school 
township and each rural independent district to withhold from the apportion- 
ment each year a certain number of cents for each person between the ages 
of 5 and 21 years, for the purchase of library books. 

2. Amount withheld. The amount withheld, annually, for each person, 
may not exceed fifteen cents, nor be less than five cents. The exact amount 
per pupil is left to the discretion of the board of directors, and may vary 
from one year to another. In determining the amount the board should con- 
sider the special needs of the district. 

3. Contingent fund. Under section 2783, the board may use the con- 
tingent fund to purchase dictionaries, library books, maps, charts, and ap- 
paratus, to an amount not exceeding twenty-five dollars in any one year for 
each schoolroom under its charge. 

4. When apply to city and town districts. The provisions of the law 
apply to independent districts having cities, towns, and villages, only when 
so ordered by the board of directors. Independent districts without libraries 
should avail themselves of the benefits of the law. 

5. Schoolhouse fund. The electors may vote schoolhouse fund for the 
purchase of library books. Section 2749. 

Sec. 2823-0. Purchase of books — distribution. Between the third 
Monday of September and the first day of December in each year the 
president and secretary of the board, with the assistance of the county 
superintendent of schools, shall expend all money withheld by the treas- 
urer as provided in section one of this act, in the purchase of books 
selected from the lists prepared by the state board of educational 
examiners as hereinafter provided, for the use of the school district ; in 
school townships the secretary shall distribute the books thus selected 
to the librarians among the several subdistricts, and at least semi-an- 
nually collect the same and distribute others. [28 G. A., ch. 110, § 2.] 

Notes: 1. Use of library fund. The money withheld by the treasurer 
cannot be used for any purpose except the purchase of books. All expenses such 
as freight charges, express, postage, exchange, library cases, and record books, 
should be paid from the contingent fund. 

2. Listing — inspecting. The county superintendents in visiting schools 
should carefully inspect the library to see that it is properly kept; that the 
books are properly listed and labeled, and that the teachers know the best use 
to make of it. 

Sec. 2823-p. State board of educational examiners to prepare list 
of books. It is hereby made the duty of the state board of educational 
examiners to prepare at its discretion lists of books suitable for use in 
school district libraries, and furnish copies of such lists to each pres- 
ident, secretary, and each county superintendent, as often as the same 
shall be published or revised, from which lists the several presidents 
and secretaries and county superintendents shall select and purchase 
books. [33 G. A., ch. 189; 28 G. A., ch. 110, § 3.] 

Note: What may be purchased. It is illegal to purchase books or 
editions not included in the list recommended by the state board of examiners. 

Sec. 2823-q. Record book. It shall be the duty of each secretary to 
keep in a record book, furnished by the board of directors, a complete 
record of the books purchased and distributed by him. [28 G. A., ch. 
110, § 4.] 



140 SCHOOL LAWS OF IOWA 

Sec. 2823-r. Librarian. Unless the board of directors, shall elect 
some other person, the secretary in independent districts and director 
in subdistricts in school townships shall act as librarian and shall receive 
and have the care and custody of the books, and shall loan them to 
teachers, pupils, and other residents of the district, in accordance with 
the rules and reflations prescribed by the state board of educational 
examiners and board of directors. Each librarian shall keep a complete 
record of the books in a record book furnished by the board of directors. 
During the periods that the school is in session the library shall be placed 
in the schoolhouse, and the teacher shall be responsible to the district 
for its proper care and protection. The board of directors shall have 
supervision of all books and shall make an equitable distribution thereof 
among the schools of the corporation. [28 G. A., ch. 110, § 5.] 

Notes: 1. Librarian — duties of. Much of the success of the library work 
will depend upon the librarian, and it is urged that great care be taken in 
making the selection. 

2. Library free. The library is free to all pupils of suitable age, teach- 
ers and residents of the district, and the librarian should loan the books to 
them in accordance with the rules and regulations prescribed by the state 
board of educational examiners, and the board of directors. 
> 3. Wliere kept. The library must be kept in the schoolhouse during the 
term of school. At other times it is placed under the control of the librarian. 

4. Transfer to successor. Each school officer, upon the termination of 
his term of office, shall immediately surrender to his successor all books, papers, 
and moneys pertaining or belonging to the office, taking a receipt therefor. 
Code, section 2770. 

VOCAL MUSIC. 

Sec. 2823-s. Instruction in vocal music authorized. That the ele- 
ments of vocal music, including when practical the singing of simple 
music by note, be taught in all of the public schools of Iowa, and that 
all teachers teaching in schools where such instruction is not given by 
special teachers be required to satisfy the county superintendent of 
their ability to teach the elements of vocal music in a proper manner. 
Provided, however, that no teacher shall be refused a certificate or the 
grade of his or her certificate lowered on account of lack of ability to 
sing. [28 G. A., ch. 109, § 1.] 

Note: Music required. For a first grade certificate, section 2 734-d; for 
a second, section 2734-h, note 1; for a third, section 2734-i, note 1. 

Sec. 2823-t. Normal institute. That it shall be the duty of each 
county superintendent to have taught annually in the normal institute 
the elements of vocal music. [28 G. A., ch. 109, § 2.] 

OF PUBLIC RECREATION AND PLAY GROUNDS. 

Sec. 2823-u. Establishment — maintenance — supervision. Boards of 
school directors in school districts containing or contained in cities 
of the first or second class, cities under special charter, or cities under 
the commission plan of government, are hereby authorized to estab- 
lish and maintain for children in the public school buildings and on the 



SCHOOL DAWS OF IOWA 141 

public school grounds under the custody and management of such boards, 
public recreation places and playgrounds and necessary accommodations 
for same, without charge to the residents of said school district; also 
to co-operate with the commissioners or boards having the custody and 
management in such cities of public parks and public buildings and 
grounds of whatever sort, and by making arrangements satisfactory 
to such boards controlling public parks and grounds to provide for 
the supervision, instruction and oversight necessary to carry on pub- 
lic educational and recreational activities, as described in this section 
in buildings and upon grounds in the custody and under the manage- 
ment of such commissioners or boards having charge of public parks 
and public buildings on grounds of whatever sort, in such cities of the 
first or second class, cities under special charter, or cities under com- 
mission plan of government. [35 G, A., eh. 257, § 1.] 

Sec. 2823-ul. Tax levy — petition — submission. The board of di- 
rectors of any school district containing, or contained in, any city of 
the first or second class, city under special charter, or city under the 
commission plan of government, may, and upon petition to that effect 
signed by legally qualified voters aggregating not less than twenty-five 
per cent of the number voting at the last preceding school election, 
shall submit to the electors of such school district the question of levy- 
ing a tax as in this act provided; and if a majority of the votes cast 
upon such proposition be in favor thereof, then the board of school 
directors shall proceed to organize the work as authorized in this act 
and levy a tax therefor at the time and in the manner provided in sec- 
tion 3 of this act. If at the time of filing said petition it shall be more 
than three months till the next regular school election, then the board 
of school directors shall submit said question at a special election with- 
in sixty days. [35 G. A., ch. 257, § 2.] 

Sec. 2823-U2. Certification to board of supervisors — collection — lim- 
itation. Boards of school directors in such districts shall fix and cer- 
tify to the board of supervisors on or before the first Monday of Sep- 
tember the amount of money required for the next fiscal year for the 
support of the aforementioned activities, in the same manner as the 
amount of necessary taxes for other school purposes is certified and 
said board of supervisors shall levy and collect a tax upon all the 
property subject to taxation in said school district at the same time 
and in the same manner as other taxes are levied and collected by law 
which shall be equal to the amount of money so required for such 
purposes by the said board of school directors as provided in this act; 
provided that the tax so levied upon each dollar of the assessed valua- 
tion of all property, real and personal in said district, subject to tax- 
ation, shall not in any one year exceed two mills for the purpose of 
the activities hereinbefore mentioned in this act; the said tax shall not 
be used or appropriated directly or indirectly for any other purpose 
than provided in this act. [35 G. A., ch. 257, § 3.] 



142 SCHOOL LAWS OF IOWA 

Sec. 2823-u3. Duties of school treasurer. All money& received by, 
or raised in such, city for the aforementioned purpose shall be paid 
over to the treasurer of the school district, to be disbursed by him on 
orders of such board of school directors in such district in the same 
manner as other funds of said school district are disbursed by him, but 
the tax provided for in this act shall not be levied or collected nor shall 
the board of school directors, as provided in this act, have authority 
to certify the amount of taxes necessary for this purpose until after 
the question of the levy of such tax shall have been authorized by a 
majority vote at a regular or special election. [35 G. A., ch. 257, § 4,] 

Sec. 2823-u4. Annual levy. After the question of the levy of such 
special tax has been submitted to and approved by the voters as pro- 
vided in this act, the authority shall remain, and such tax shall be 
levied and collected annually until such time as the voters of the school 
district of such city shall by majority vote order the discontinuance 
of the levy and collection of such tax. [35 G. A., ch. 257, § 5.] 

Sec. 2823-115. Discontinuance of levy — submission of question. The 

board of school directors in any district governed by this act, may, 
and on petition to that effect signed by legally qualified voters ag- 
gregating not less than twenty-five per cent of the number voting at 
the last preceding school election, shall submit to the electors of such 
school district the question of discontinuing the levying of such tax 
as may have been previously authorized under the provisions of this 
act, and if a majority of the votes cast upon such proposition be in 
favor thereof, then the levying of such tax shall be discontinued and 
shall not be resumed unless again authorized under the provisions of 
section two of this act. [35 G. A., ch. 257, § 6.] 

Sec. 2823-u6. Appropriation by city. The board of school direc- 
tors in any district governed by this act is also empowered to receive 
and expend for the purpose of this act, any sums of money appropri- 
ated and turned over to them by the city council or commissioners of 
such city for such purposes; and the city council or commissioners of 
such city, shall have authority to appropriate and turn over to the 
board of school directors of the school district containing or contained 
in such city, any reasonable sums of money which the said council or 
commissioners may desire to appropriate out of the general funds of 
such city and turn over to the said board of school directors for the 
purposes herein set forth. [35 G. A., ch. 257, § 7.] 

Sec. 2823-U7. Power to acquire land for school garden or farm — 
summer home — objects and purposes. The school board in cities in- 
cluding cities under special charters and commission form, having a 
population of twenty thousand or more, is hereby empowered to pur- 
chase or lease for educational purposes a tract of land outside of the 
boundaries of such city, for a school garden or school farm in like 
manner and under the same restrictions as in the case of school prop- 
erty in the said city and to erect suitable buildings thereon, and to 
furnish the same, and to appoint managers in a suitable manner. The 



SCHOOL LAWS OF IOWA 143 

said tract of land to be maintained for the purpose of providing a 
summer home for pupils of the city who may desire to continue 
their study all the year round, and for supplying to them an op- 
portunity to perform productive work in such vocational lines as 
agronomy, olericulture, viticulture, apiculture, pomology, agriculture, 
and the auxiliary arts, carpentry masonry and any other wholesome 
and voluntary employment find to diversify such work with open air 
exercises and recreations of both physical and intellectual character; 
also for enabling the pupils of the elementary schools and of the high 
school opportunities for visitation and observational study at all sea- 
sons in connection with their school work ; it being the intent and 
purpose of this statute to develop in the state of Iowa the educational 
principle and work commonly comprised in the name "Park Life." 
as exemplified experimentally and discussed educationally and socio- 
logically in this state. 

Where such school garden or school farm is maintained, the said 
school board shall seek to correlate its functions with the regular 
work of the schools in the most practical and efficient manner. [36 
G. A., H. F. 524, § 1.] 

TEXT BOOKS — ADOPTION — PURCHASE — LOANING. 

Sec. 2824. Adoption — contract — agent. The board of directors of 
each and every school corporation in the state of Iowa is hereby auth- 
orized and empowered to adopt text-books for the teaching of all 
branches that are now or may hereafter be authorized to be taught in 
the public schools of the state, and to contract for and buy said books 
and any and all other necessary school supplies at said contract prices, 
and to sell the same to the pupils of their respective districts at cost, 
and said money so received shall be returned to the contingent fund. 
The books and supplies so purchased shall be under the charge of the 
board, who may select one or more persons within the county to keep 
said books and supplies for sale, and, to insure the safety of the books 
and moneys, the board shall require of each person so appointed a 
bond in such sum as mav seem to the board to be desirable. [25 G. 
A., ch. 35; 23 G. A., ch. 24, §§ 1, 2.] 

Notes: 1. Term of contract. There is nothing in this and the following 
sections from which it can be inferred that a contract must be entered into 
for five years. The law does not attempt to fix an exact limitation as to the 
time for which a contract should be made. It seems to be the intent of the 
law that the board of directors or the county board of education should care- 
fully avoid making a contract which might have the effect of binding its suc- 
cessors in office. 

2. Books must be used. It is within the power of any board to forbid 
the use of other books than those adopted for the district, and to provide 
by rule or regulation that scholars persistently and continuously refusing to 
conform to such regulation shall be refused instruction until they comply 
with the rule. Teachers failing to regard a rule or direction of the board that 
instruction be given from no other books than those legally in use, take the 
risk of being cited for trial under section 2782. 



144 SCHOOL LAWS OF IOWA 

3. Cost — how construed. The word, cost, in this section, should be un- 
derstood to mean contract price. Any extra expense connected with securing 
the books should not be added to their purchase price, but sliould be paid from 
the contingent fund, upon separate orders. In this way tlie cost to the pur- 
chaser will agree with the contract price, and uniformity in cost for the same 
book will obtain all over a large district having several selling places, and 
will also be common in many districts and counties, while the extra expense 
for handling, drayage, storage, etc., may differ somewhat in connection with 
each different person selected to keep the books for sale. 

4. Other necessary school supplies. We think the words any and all 
other necessary school supplies are intended to include only such articles as 
it is customary for parents to purchase for the use of their children in school 
work. For instance, globes and charts have not been furnished by the children. 
They cannot be bought with the money of the district, resold, and the money 
returned to the contingent fund as directed by the law. 

5. Text-books included. Text-books of every variety, in all classes and 
grades, and all kinds of supplies usually purchased by the children for use 
In the schools for the purpose of instruction, may be purchased under this act. 

6. Responsibility of board. It is evidently not the intention to impose 
a hardship upon the person who keeps the books and supplies for sale, bat 
simply to guard the district against possible loss. The board is not to be 
considered as released in the slightest degree from its obligation, under the 
general law, to protect the funds. The bond is required for additional pro- 
tection. Nor will the fact that the board requires a bond from another person 
In any way release the treasurer from his absolute responsibility for all funds 
of the district coming into his hands, from whatever source. 

7. Contracts made conditional. In order to avoid a possible misunder- 
standing, every contract should be made subject to the action of the electors 
as provided for in section 2829. 

8. It is illegal for any school board (city, town, rural independent or town- 
ship) to select text-books or award contracts for text-books without: first, 
authority from the electors of their district to whom the question has been 
duly submitted; second, advertisement for bids. See McNees v. School Town- 
ship of East River, Page Count]/, 133 Iowa, 120. 

Sec. 2825. Use of contingent fund — additional tax. All the books 
and other supplies purchased under the provisions of this chapter shal! 
be paid for out of the contingent fund, and the board of directors 
shall annually certify to the board of supervisors the additional 
amount necessary to levy for the contingent fund of said district to 
pay for such books and supplies. But such additional amount shall 
not exceed in any one year the sum of one dollar and fifty cents for 
each pupil residing in the school corporation, and the amount so 
levied shall be paid out on warrants drawn for the payment of books 
and supplies only, but the district shall contract no debt for that pur- 
pose. [25 G. A.,' ch. 35 ; 23 G. A., eh. 24, § 2.] 

Notes: 1. Contingent fund — use of. Any contingent fund on hand may 
be used to purchase books and supplies. As the proceeds from sales must 
be returned at once to the contingent fund, no large additional amount will 
ordinarily be needed to enable the average district to secure books and supplies 
under this law. i 

2. Contingent fund — estimated for. When the board is estimating the 
levy for the contingent fund, it may include in the estimate an amount needed 
to pay any necessary expenses connected with securing the books. 



SCHOOL LAWS OP IOWA 145 

3. Orders audited. All payments under this chapter must be made in 
strict accordance with the other provisions of law governing the disbursement 
of school moneys. No order for any purpose may be drawn until the account 
has been regularly audited by the board. Section 2780. 

4. Price to pupils. It is desirable that the cost to the scholar shall be 
the lowest possible. Any extra expense connected with securing the books 
should not be added to their purchase price, but should be paid out of the 
contingent fund, upon separate orders. In this way the cost to the purchaser 
will agree with the contract price, and uniformity in cost for the same book 
will be common in many districts and counties. Note 3 to section 2824. 

5. Anticipate taxes. While the district may contract no indebtedness 
for the purchase of books and supplies, the board may anticipate the levy and 
collection of taxes certified for those purposes. 

Sec. 2826. Purchase — exchange. In the purchasing of text-books 
it shall be the duty of the board of directors or the county board of 
education to take into consideration the books then in use in the re- 
spective districts, and they may buy such additional number of said 
books as may from time to time become necessary to supply their 
schools, and they may arrange on equitable terms for exchange of 
books in use for new books adopted. [25 G. A., ch. 35 ; 23 G. A., ch. 
24, § 3.] 

Note: Uniformity of books. The good of the schools will be best ad- 
vanced if it is ordered that the same book or books in any branch must be 
used in all the schools of the same grade in the district. This will simplify 
the purchase, and also facilitate the introduction of uniform books. 

See. 2827. Suit on bond. If at any time the publishers of such 
books as shall have been adopted by any board of directors or county 
board of education shall neglect or refuse to furnish such books when 
ordered by said board in accordance with the provisions of this chap- 
ter, at the very lowest price, either contract or wholesale, that such 
books are furnished any other district or state board, then said board 
of directors or county board of education may and it is hereby made 
their duty to bring suit upon the bond given them by the contracting 
publisher. [25 G. A., ch. 35; 23 G. A., ch. 24, § 4.] 

Sec. 2828. Bids. Before purchasing text-books under the provi- 
sions of this chapter, it shall be the duty of the board of directors, or 
county board of education, to advertise, by publishing a notice once 
each week for three consecutive weeks in one or more newspapers 
published in the county; said notice shall state the time up to which 
all bids will be received; the classes and grades for which text-books 
and other necessary supplies are to be bought, and the approximate 
quantity needed; and said board shall award the contract for said 
text-books and supplies to any responsible bidder or bidders offering 
suitable text-books and supplies at the lowest prices, taking into con- 
sideration the quality of material used, illustrations, binding, and all 
other things that go to make up a desirable text-book; and may, to 
the end that they may be fully advised, consult the county superinten- 
dent, or, in case of city independent districts, with city superintendent 
or other competent person, with reference to the selection of text- 
., ... 10 



146 SCHOOL LAWS OF IOWA 

books: Provided, that the board may reject any and all bids, or any 
part thereof, and readvertise therefor as above provided. [31 G. A., 
eh. 9, § 4; 25 G. A., eh. 35; 23 G. A., eh. 24, § 5.] 

Note: Must advertise. A board may not secure the advantages of pur- 
chasing text-books without first advertising for bids and letting the contract 
in the manner required. And this is equally true even if it is expected that 
a new^ contract will be made for the books in present use. 133 Iowa, 120. 

Sec. 2829. Change — question submitted. It shall be unlawful for 
any board of directors or county board of education, except as pro- 
vided in section twenty-eight hundred and twenty-seven of this chap- 
ter, to displace or change any text-book that has been regularly 
adopted or re-adopted under the provisions of this chapter, before the 
expiration of five years from the date of such adoption or re-adoption, 
unless authorized to do so by a majority of the electors present and 
voting at their regular annual meeting in March, due notice of said 
proposition to change or displace said text-books having been included 
in the notice for the said regular meeting. [25 G. A., ch. 35 ; 23 G. A., 
ch. 24, § 6.] 

Note: Notice — secretary must be directed. Where notice that the ques- 
tion, of a change of text-books would be voted on was included in the notice 
of election by the clerk (secretary) without the action of the board, the vote 
thereon was invalid, though a petition of ten voters had been filed, and though 
the members of the board individually had authorized the action of the clerk 
(secretary). McNees v. School Tow'nsMp of East River, Page County, 133 
Iowa, 120. 

Sec. 2830. Samples — ^lists — bonds. Any person or firm desiring to 
furnish books or supplies under this chapter in any county shall, at 
or before the time of filing his bid hereunder, deposit in the office of 
the county superintendent samples of all text-books included in his 
bid, accompanied with lists giving the lowest wholesale and contract 
prices for the same. And said samples and lists shall remain in the 
county superintendent's office, and shall be delivered by him to his 
successor in office, and shall be kept by him in such safe and con- 
venient manner as to be open at all times to the inspection of such 
school officers, school patrons and school teachers as may desire to 
examine the same and compare them with others, for the purpose of 
use in the public schools. The board of directors and the county board 
of education mentioned shall require of any person or persons with 
whom they contract for furnishing any books or supplies to enter into 
a good and sufficient bond, in such sum and with such conditions and 
sureties as may be required by such board of directors or county 
board of education, for the faithful performance of any such contract. 
But bonds of surety companies duly authorized under the laws of Iowa 
shall be accepted. [25 G. A., ch. 35; 23 G. A., ch. 24, § 7.] 

Sec. 2831. County board of education — question as to county uni- 
formity. The county superintendent, the county auditor and the mem- 
bers of the board of supervisors shall constitute a county board of edu- 
cation. When petitions shall have been signed by one-third the school 



SCHOOL LAWS OP IOWA 147 

directors in any county, other tlian those in cities and towns, and filed 
in the office of the county superintendent of such county at least 
thirty days before the annual school elections, asking: for a uniform 
series of text-books in the county, then such county superintendent 
shall immediately notify the other members of the county board of 
education in writing, and within fifteen days after the filing of the 
petitions said board of education shall meet and provide for submit- 
ting to the electors at the next annual meeting the question of county 
uniformity of school text-books. [28 G. A., -ch. Ill ; 25 G. A., ch. 35 ; 
23 G. A., eh. 24, §§ 8, 9.] 

Notes: 1. Petition. It is intended that at least one-third of the individ- 
uals composing all boards, except those of city and town districts, shall sign 
the petition referred to. 

2. County board of education. By the provisions of this section every 
county in the state has a county board of education composed of the county 
superintendent, county auditor, and members of the board of supervisors. 

3. Notice. In order that every voter may be fully advised of the sub- 
mission of the question of county uniformity, the county board of education 
should publish the proposition to be voted upon in the official papers of the 
county at least ten days before the annual school election, and they should 
also transmit to the secretaries of the several boards of directors copies of 
said proposition, and direct said secretaries to give notice thereof and provide 
for the taking of a vote thereon at the annual meeting. 

Sec. 2832. Selection of books — depositories. Should a majority of 
the electors voting at such elections favor a uniform series of text- 
books for use in said county, then the county board of education shall 
meet and select the school text-books for the entire county, and con- 
tract for the same under such rules and regulations as the said board 
of education may adopt. When a list of text-books has been so 
selected, they shall be used by all the public schools of said county, 
except as hereinafter provided, and the board of education may ar- 
range for such depositories as it may deem best, and may pay for said 
school books out of the county funds, and sell them to the school dis- 
tricts at the same price as provided for in section twenty-eight hun- 
dred and twenty-four of this chapter, and the money received from 
said sales shall be returned to the county funds by said board of edu- 
cation monthly. The boards of school officers, who are hereby made 
the judges of the school meetings, shall certify to the board of super- 
visors the full returns of the votes cast at said meetings the next day 
after the holding of said meetings, who shall, at their next regular 
meeting, proceed to canvass said votes and declare the result. Unless 
otherswise ordered by the board of education, the county superinten- 
dent shall have charge of such text-books and of the distribution there- 
of among the depositories selected by the board ; he shall render to the 
board at each meeting thereof itemized accounts of his doings, and 
shall be liable on his official bond therefor. [28 G. A., ch. 112; 25 G. 
A., ch. 35; 23 G. A., ch. 24, § 9.] 

Notes: 1. A continuous body. The county board of education Is a con- 
tinuous body. I 



148 SCHOOL LAWS OP IOWA 

2. Rules. County boards of education should from time to time make 
such rules and regulations as seem necessary to carry out the purpose and 
spirit of the law. 

3. May not be purchased. Purchases of records, dictionaries, apparatus 
and similar supplies for the use of the district may not be made by contract 
under this law, but such articles should be bought with contingent fund, as 
provided by section 2783. Note 4 to section 2824. 

4. Sold direct. The county board of education must cause the books 
to be sold to the people direct, under such regulations as the board may adopt. 

5. Must be used. When a list of text-books has been selected as pro- 
vided in this section, they must be used by all the public schools of said county, 
except as provided in section 2835, notwithstanding the fact that contracts 
made by boards of school corporations may not have expired. 

6. Bonds. Security by bond made payable to the county may be re- 
quired from depositories. But the fact that the money from sales must be 
returned to the county funds monthly will lessen the need for as much security 
as would be necessary if a large sum of money could be held by a depository 
for a long time. 

7. Depositories. The county board of education should arrange for a 
sufficient number of depositories to accommodate fully the people of every 
district in the county. 

8. Contingent expense. It will promote an equality of price for the 
same book in the several counties, if any slight extra expense connected with 
securing or handling the books be not added to the contract price, but paid 
for from the county funds, by the board of supervisors. In this way, the books 
and supplies may be sold to the people at cost, the same as provided under 
section 2824, when purchase is made by a district. Note 4 to section 2825. 

9. May not render opinions. It is apparent that there will be many 
questions arising upon which we cannot venture an opinion. Any matter in 
which the binding force or validity of a contract is involved, can be deter- 
mined only by the courts of law. 

10. Legal adviser. The county attorney is the legal adviser of the county 
board of education, and he should be freely consulted on questions upon which 
the board may be in doubt. Code, section 302. 

11. By ballot. The vote upon county uniformity must be by ballot. The 
result of such vote should be duly certified by the judges of election to the 
board of supervisors the next day after the annual meeting. 

12. Directors not agents. The statute prohibits any school director from 
engaging on his own account in the sale of schoolbooks and supplies to pupils, 
and the prohibition is not limited to directors acting as agents of the board 
under code § 2824. State v. Wick. 130 Iowa, 31; 106 N. W., 268. 

13. Judges. "The boards of school officers" who are made the judges 
of election by this section consist of the president, the secretary, and one of 
the directors as provided for in section 2746. 

14. Printing ballots. In order to facilitate matters in holding this elec- 
tion, the board of education might very properly provide for the printing and 
distribution of ballots, and make such other arrangements as may be necessary. 

15. Board may not contract with book sellers. A school board has no 
authority to contract with a book seller and pay him out of the contingent 
fund for handling school books. 127 Iowa, 408. 

Sec. 2833. Proceeding's of county board. The county superintendent 
shall in all cases be chairman of the county board of education, and 
the county auditor shall be the secretary, and a full and complete 
record shall be kept of their proceedings in a book kept for that pur- 
pose in the office of the countj^ superintendent. A list of text-books so 
selected, with their contract prices, shall be reported to the state 



SCHOOL LAWS OF IOWA 149 

superintendent with the regular annual report of the county superin- 
tendent. [25 G. A., ch. 35; 23 G. A., ch. 24, § 10.] 

Note: Who report. The county superintendent will report only the list 
of hooks adopted by the county board of education. The superintendents of 
counties that have not adopted county uniformity as provided in sections 2831 
and 2832 will not make this report. 

Sec. 2834. Officers not to be agents. It shall be unlawful for any 
school director, teacher, or member of the county board of education 
to act as agent for any school text-books or school supplies during such 
term of office or employment, and any school director, officer, teacher 
or member of the county board of education who shall act as agent or 
dealer in school text-books or school supplies, during the term of such 
office or employment, shall be deemed guilty of a misdemeanor, and 
shall, upon conviction thereof, be fined not less than ten dollars nor 
more than one hundred dollars, and pay the costs of prosecution. [25 
G. A., ch. 35; 23 G. A., ch. 24, § 11.] 

Notes: 1. Purpose of the law. The intention of this section is to pro- 
hibit any of the persons named from engaging in any business in connection 
with school text-books or supplies, by which his pecuniary interests might be 
brought in conflict with his official duties. 

2. Violation — effect. The fact that a person is subject to the penalties 
named, for violating the provisions of this section, will not operate to deprive 
him of his office or position. 

3. Wlio prohibited. School directors, teachers, and members of the 
county board of education are by this section absolutely prohibited from acting 
as agents for, or dealers in, school text-books or school supplies. 

4. Director as dealer. Code, section 283 4, applies to and prohibits a 
school director from engaging on his own account in the sale of school books 
and supplies to the pupils, and is not limited to directors acting as agents of 
the board under code, section 2824. 130 Iowa, 31. 

5. Sale of books — use of contingent fund. A school board has no 
authority to contract with a bookseller and pay him out of the contingent fund 
for handling books, where the district does not buy the books for re-sale, but 
simply arranges with the publishers to place the same with the dealer to be 
sold by him at a stated price. 127 Iowa, 408. 

Sec. 2835. City schools. The provisions of sections twenty-eight 
hundred and thirty-one, twenty-eight hundred and thirty-two and 
twenty-eight hundred and thirty-three of this chapter shall not apply 
to schools located within cities or towns, nor shall the electors of said 
cities or towns vote upon the question of county uniformity ; but noth- 
ing herein shall be so construed as to prevent such schools in said 
cities and towns from adopting and buying the books adopted by the 
county board of education at the prices fixed by them, if by a vote of 
the electors they shall so decide. [25 G. A., ch. 35 ; 23 G. A., ch. 24, 
§ 12.] 

Notes: 1. Apply to whom. All except sections 2831, 2832 and 2 833 ap- 
ply to city and town independent school districts, and such districts may pur- 
chase books and supplies in the same manner as other districts, under sections 
2824 to 2830. 



150 SCHOOL LAWS OP IOWA 

2. How adopt. City and town independent districts may by a vote of 
the electors, at a regular meeting or at a special meeting called for that pur- 
pose, decide to adopt and use the books adopted by the county board of 
education. 

Sec. 2836. Free text-books — question submitted. Whenever a pe- 
tition signed by one-third or more of the legal voters, to be determined 
by the school board of any school corporation, shall be filed with the 
secretary thirty days or more before the annual meeting of the elec- 
tors, asking that the question of providing free text-books for the use 
of pupils in the public schools thereof be submitted to the voters at 
the next annual meeting, he shall cause notice of such proposition to 
be given in the call for such meeting. [26 G. A., eh. 37, § 1.] 

Notes: 1. Purpose — benefits. These provisions afford all school cor- 
porations the opportunity to supply free books, so that every child may con- 
tinuously enjoy the privileges of school. It is believed that if districts will 
take action in accordance with the spirit of the law, the percentage of attend- 
ance at school can be materially increased, and the usefulness of our schools 
to all the children greatly enhanced. 

2. Rules — importance of. Much of the success of free text-books will 
depend upon the rules and regulations adopted by the board to govern the 
use and care of such books. The board should take more than the usual 
pains to adopt plain, comprehensive, and effective rules for the guidance of all 
concerned. t 

Sec. 2837. Loaning' — discontinuance. If, at such meeting, a ma- 
jority of the legal voters present and voting by ballot thereon shall 
authorize the board of directors of said school corporation to loan 
textbooks to the pupils free of charge, then the board shall procure 
such books as shall be needed, in the manner provided by law for the 
purchase of text-books, and loan them to the pupils. The board shall 
hold pupils responsible for any damage to, loss of, or failure to return 
any such books, and shall adopt such rules and regulations as may be 
reasonable and necessary for the keeping and preservation thereof. 
Any pupil shall be allowed to purchase any text-book used in the 
school at cost. No pupil already supplied with text-books shall be 
supplied with others without charge until needed. The electors may, 
at any election called as provided in the last section, direct the board 
to discontinue the loaning of text-books to pupils. [26 G. A., ch. 37, 
§§ 2-6.] 

Notes: 1. Success of. As much of the success of free text-books will 
depend upon the rules and regulations adopted by the board to govern the 
care and use of the books, a board should take more than the usual pains to 
adopt plain, comprehensive, and effective rules for the guidance of all concerned. 

2. Anticipate tax. While the district may contract no debt for the pur- 
chase of books, the board may anticipate the levy and collection of taxes cer- 
tified under section 2825, so as to carry out the instructions of the electors 
without unnecessary delay. 

Sec. 5028-s. What prohibited. That no bills, posters or other mat- 
ters used to advertise the sales of intoxicating liquors and tobacco 
shall be distributed, posted, painted or maintained within four hun- 
dred feet of premises occupied by a public school or used for school 



SCHOOL LAWS OF IOWA IBl 

purposes, provided, however, that nothing in this act contained shall 
apply to advertisements in newspapers of regular publications dis- 
tributed to subscribers or purchasers thereof. [30 G. A., ch. 137, § 1.] 
Sec. 5028-t. Penalty. Any person violating any of the provisions 
of this act shall be deemed guilty of a misdemeanor and upon convic- 
tion thereof shall be punished by a fine not exceeding one hundred 
dollars or imprisonment in the county jail not exceeding thirty days. 
[30 G. A., ch. 137, § 2.] 

REQUESTS — CORPORATIONS MAY RECEIVE. 

Sec. 740. Power to take property by gift or bequest — how admin- 
istered. Counties, cities, towns and school corporations, are authorized 
to take and hold property, real and personal, derived by gifts and be- 
quests ; and to administer the same through their proper officers in 
pursuance of the terms of the gift or bequest ; and when made for the 
establishment of institutions of learning or benevolence, and there is 
no provisions made in the gift or bequest for the execution of the 
trust, the court having charge of the probate proceedings in the 
county shall appoint three trustees, residents of said county, who shall 
have charge and control the same, and who shall continue to act until 
removed by the court. And they shall give bond as required in case 
of executors, to be approved in the same manner as in case of exec- 
utors' bonds, and said trustees shall be subject to the orders of said 
court. [28 G. A., ch. 23, § 1; 26 G. A., ch. 20.] 

See. 1306-b. Amount of indebtedness limited. That section thir- 
teen hundred and six-b of the supplement to the code (1902) and chap- 
ter forty-three of the acts of the thirtieth general assembly be and 
the same are hereby repealed, and the following enacted in lieu thereof : 

''No county or other political or municipal corporation shall be 
allowed to become indebted in any manner or for any purpose to an 
amount exceedng in the aggregate the amount of one and one-fourth 
per centum of the actual value of the taxable property within such 
county or corporation, except that cities and incorporated towns may 
for the purpose of purchasing, erecting, extending or maintaining and 
operating waterworks, electric light and power plants, gasworks and 
heating plants or of building and constructing sewers, incur an. in- 
debtedness, not exceeding in the aggregate, added to all other in- 
debtedness, five per centum of the actual value of the taxable property 
within such city or incorporated town. The amount of such taxable 
property shall be ascertained by the last state and county tax list 
previous to the incurring of such indebtedness.'' [33 G. A., ch. 82, § 1 ; 
31 G. A., ch. 49, § 1; 30 G. A., ch. 43; 28 G. A., ch. 41, § 2.] 

Notes: 1. For additional Indebtedness. See sections 2820-a to 2820-d, 
below. 

2. Warrants in excess of limit — action on. Either a school district or 
intervening tax-payers may, where the officers refuse to act, defend an action 
to recover on warrants of the district on the ground that the same are in 
excess of the constitutional limitation, although the officers of the district 
acted in good faith in creating the debt for which the warrants were issued, 
and still recognize their validity. 122 Iowa, 99. 



152 SCHOOL LAWS OF IOWA 



OF COUNTY HIGH SCHOOLS. 



Sec. 2728. How established. Any county may establish a high 
school in the following manner: When the board of supervisors shall 
be presented with a petition signed by one-third of the electors of the 
county as shown by the returns of the last preceding election, request- 
ing the establishment of a county high school at a place in the county 
named therein, it shall submit the question together with the amount 
of tax to be levied to erect the necessary buildings, at the next gen- 
eral election to be held in the county, or at a special one called for 
that purpose, first giving twenty days' notice thereof in one or more 
newspapers published in the county, if any be published therein, and 
by posting such notice, written or printed, in each township of the 
county, at which election the vote shall be by ballot, for or against 
establishing the high school, and for or against the levying of the 
tax, the vote to be canvassed in the same manner as that for county 
officers. Should a majority of all the votes cast upon the question 
be in favor of establishing such school, and the levying of such tax, 
the board of supervisors shall at once appoint six trustees, residents 
of the county, not more than two from the same township, who, with 
the county superintendent of common schools as president, shall con- 
stitute a board of trustees for said high school. [27 G. A., ch. 84, § 1 ; 
C. '73, §§ 1697-9, 1701.] 

The provisions of code § 2803 relating to tuition for pupils attending school 
in another district than that in which they reside, have no application to 
county high schools organized under this section. Boggs v. School Township, 
128-15, 102 N. W. 796. 

Sec. 2729. Trustees — officers. The trustees, within ten days after 
appointment, shall qualify by taking the oath of civil officers, and 
giving bond in such sum as the board of supervisors may require, 
with sureties to be approved by it, and shall hold office until their 
successors are elected and qualified, who shall be elected at the gen- 
eral election following. The trustees then elected shall be divided 
into two classes of three each and hold their office two and four years 
respectively, their several terms to be decided by lot; and in all 
county high schools heretofore established the terms of all trustees 
therefor shall expire on the first day of January, nineteen hundred 
and seven, and at the general election in nineteen hundred and six 
there shall be six trustees elected for each of said county high schools, 
three of whom shall be elected for two years, and three of whom 
for four years, and at each general election thereafter three trustees 
shall be elected for the term of four years, the trustees so elected 
to qualify in the same manner and at the same time as other county 
officers and all vacancies occurring to be filled by appointment by 
the board of supervisors, the appointee to hold the office until the 
next general election, and a majority of which trustees shall consti- 
tute a quorum for the transaction of business. At the first meeting 
held in each year, the board shall appoint a secretary and treasurer 
from their own number, who shall perform the usual duties devolving 



SCHOOL LAWS OF IOWA 153 

upon like officers. The treasurer, in addition to his bond as trustee, 
shall give one as treasurer, in such sum and with such sureties as 
raay be fixed by the board, and receive all moneys from all sources 
belonging to the funds of the school, and pay them out as directed 
by the board of trustees, upon orders drawn by the president and 
countersigned by the secretary; both of which officers shall keep an 
accurate account of all moneys received and paid out, and at the 
close of each year, and whenever required by the board, shall make 
a full itemized and detailed report. [31 G. A., ch. 135 ; C. 73, §§ 1699, 
1700, 1704, 1711.] 

Sec. 2730. Site — tax — approval of electors. As soon as convenient 
after the organization of the board, it shall proceed to select the best 
site that can be obtained without expense to the county, at the place 
named in the petition upon which the vote was taken, for the erection 
of the necessary school buildings, the title to be taken in the name 
of the county, and shall procure plans and specifications for the 
erection of such buildings, and make all necessary contracts for the 
erection of the same, the cost of which, when completed, shall not 
exceed the amount of the tax so levied therefor. They shall also 
annually make and certify to the board of supervisors on or before 
the first Monday of September of each year, an estimate of the amount 
of funds needed for improvements, teachers' wages and contingent 
expenses for the ensuing year, designating the amount for each, 
which, in the aggregate shall not exceed in any one year, one mill 
on the dollar, upon the taxable property of the county. No expendi- 
tures for buildings or other improvements shall be made, or contract 
entered into therefor, by said board, involving an outlay of to exceed 
five hundred dollars in any one year, without the same first being 
submitted to the electors of the county in which said school be located, 
for their approval ; the tax to be levied and collected in the same 
manner as other county taxes, and paid over by the county treasurer 
in the same manner as school funds are paid to district treasurers. 
[36 G. A., H. F. 587, § 1 ; 27 G. A., ch. 84, § 2; C. '73, §§ 1702-3, 1705.] 

Sec. 2731. Management. Said board shall make no purchases, nor 
enter into any contracts in any year, in excess of the funds on hand 
and to be raised by the levy of that year. It shall employ, when 
suitable buildings have been furnished, a competent principal teacher 
to take charge of the school, and such assistant teachers as may be 
necessary, and fix the salaries to be paid them, and in the conduct 
of the school may employ advanced students to assist in the work. 
Annual reports shall be made by the secretary to the board of super- 
visors, which report shall give the number of students, with the sex 
of each, who have been in attendance during the year, the branches 
taught, the textbooks used, number of teachers employed, salary paid 
to each, amount expended for library, apparatus, buildings, and all 
other expenses, the amount of funds on hand, debts contracted, and 
such other information as may be deemed important, and this report 



154 SCHOOL LAWS OF IOWA 

shall be printed in at least one newspaper in the county, if any is 
published, therein, and a copy forwarded to the superintendent of 
public instruction. And for their services the trustees shall each 
receive the sum of two dollars per day for the time actually employed 
in the discharge of official duties, claims for services to be presented, 
audited, and paid out of the county treasury, in the same manner 
as other accounts against the county. [27 G. A., ch. 84, §3; C. 73, 
§§ 1705-6, 1710, 1712.] 

Sec. 2732. Regulations. The principal of any such high school, with 
the approval of the board of trustees, shall make such rules and regu- 
lations as is deemed proper in regard to the studies, conduct and 
government of the pupils, and such rules and regulations shall prohibit 
the use of tobacco in any form by any student of such school; and 
any pupil who will not conform to and obey such rules may be 
suspended or expelled therefrom by the board of trustees. Said board 
of trustees shall make all necessary rules and regulations in regard 
to the age and grade of attainments necessary to entitle pupils to 
admission into the school, and shall on or before the tenth day of 
July of each year make an apportionment between the different school 
corporations of the county, of the pupils that shall attend said school, 
and shall apportion to each of said school corporations its proportion- 
ate number, based upon the number of pupils that can be reasonably 
accommodated in said school, and the number of pupils of school age, 
actual residents of such school corporations, as shown by the county 
superintendent's report last filed with the county auditor of said 
county; said apportionment shall be published in the official papers 
of such county, to be paid for as other county printing; pupils from 
said school corporations to the number so designated in such appor- 
tionment shall be entitled to admission into said school, tuition free, 
and none others, and it shall be unlawful to accredit pupils so attend- 
ing to any other school corporation than the one in which they are 
enumerated for school purposes. Should there be more applicants 
for such admission from any school corporation than its proportionate 
number, so determined, then the board of directors of such school 
corporation shall designate which of said applicants shall be entitled 
to so attend. If the school shall be capable of accommodating more 
pupils than those attending under such apportionment, others may 
be admitted by the board of trustees, preference at all times being 
given to pupils desiring such admission, who are residents of the 
county. The board of trustees shall fix reasonable tuition for such 
pupils. If such pupils are residents of the county the school cor- 
poration from which they attend shall pay their tuition out of its 
contingent fund. The principal of such high school shall report to 
the said board of trustees under oath, at the close of each term, the 
names and number of pupils attending such school during said term, 
from what school corporation they attended, and the amount of 
tuition, if any, paid by each, the same to be included in the annual 
report of the secretary of the board of trustees to the board of super- 



SCHOOL LAWS OP IOWA 155 

visors, provided for in section twenty-seven hundred thirty-one of 
the code, the tuition so paid to be turned over to the treasurer of 
the board of trustees to be used in paying the expense of said school 
under the direction of said board. [35 G. A., ch. 241, § 1 ; 27 G. A., 
ch. 84, §4; C. 73, §1709.] 

The legislature may provide for the establishment and maintenance of county 
high schools and require the payment of tuition for pupils attending from any 
one district in excess of the number allotted to such district. Boggs v. School 
Township, 128-15, 102 N. W. 796. 

Sec. 2733-a. Petitions to abolish — election. Whenever citizens of 
any county having a county high school desire to abolish the same 
or to dispose of any part of the buildings or property thereof, they 
may petition the board of supervisors at any regular session thereof 
in relation thereto, and sections three hundred ninety-seven, three 
hundred ninety-eight, three hundred ninety-nine and four hundred of 
the code shall apply to and govern the v^hole matter, including the 
manner of presenting and determining the sufficiency of such petitions 
and remonstrances thereto, so far as applicable. If an election is 
ordered the same shall be held at the time of the general election or 
at a special election called for that purpose and the proposition shall 
be submitted and the election conducted in the manner provided in 
title six of the code. If any proposition as herein provided be legally 
submitted and adopted, the board of supervisors is hereby empowered 
to carry the same into effect. [27 Gf. A., ch. 84, § 5.] 

Sec. 1072. County officers — election of county superintendent of 
schools by convention. That section ten hundred seventy-two of the 
code be and the same is hereby repealed, and the following enacted in 
lieu thereof. 

"There shall be elected in each county, at the general election in 
nineteen hundred and six, and in each even-numbered year, thereafter 
an auditor, a treasurer, a clerk of the district court, a sheriff, a re- 
corder of deeds, a county attorney, and a coroner, who shall hold office 
for the term of two years or until their successors are elected and 
qualified." On the first Tuesday in April in the year nineteen hundred 
fifteen, and each third year thereafter, and whenever a vacancy oc- 
curs in the office of county superintendent of schools, a convention 
shall be held at the county seat for the purpose of electing a county 
superintendent of schools, at which convention each school tovsmship, 
city, town or village independent district and each independent con- 
solidated district in the county shall be entitled to one vote. Each 
such school corporation shall be represented at the convention by. the 
president of the school board, or in his absence or inability to act, by 
some member of such school board, to be selected by the board. 
It is further provided, however, that where a congressional township 
is composed in whole or in part of rural independent districts that 
such rural independent districts shall be entitled to one vote in the 
convention, which vote shall be cast by such person as may be selected 
by the presidents of the component rural independent districts within 



156 SCHOOL LAWS OF IOWA 

such towship at a meeting to be held at such time and place as the 
county auditor shall fix in the written notice hereinafter provided for. 
All representatives to such convention shall serve until a county su- 
perintendent is elected and quaified. Such conventions shall be called 
by the county auditor by mailing a written notice to the president 
and secretary of each school corporation at least ten days prior to the 
date of such convention and by the publication of such notice in the 
official newspapers published in the county. The county auditor shall 
be the secretary of such convention and shall call same to order and 
submit a list of the school corporations entitled to participate in such 
conventions. Said convention shall organize by the selection of a 
chairman and when so organized, shall elect a county superintendent 
of schools, who shall possess the qualifications required by law and 
shall hold the office for the term of three years and until his suc- 
cessor is elected and qualified. Such convention may by a majority 
vote select a committee consisting of five members whose duty shall 
be to investigate the various candidates for the office of county su- 
perintendent and report to said convention at a subsequent day to 
which the convention may adjourn; or by a three-fourths vote of such 
convention, said committee may be authorized to elect a county super- 
intendent and file its election with the county auditor, and said person 
shall be deemed duly elected to such office. A majority of repre- 
sentatives herein provided shall constitute a quorum, such representa- 
tives to receive ten cents per mile one way for the distance necessarily 
traveled in attending such convention, to be paid from the county 
treasury. [35 G. A., ch. 107, § 1 ; 34 G. A., ch. 24, § 1 ; 31 G. A., ch 39 ; 
23 G. A., ch. 37, § 2; 21 G. A., ch. 73, § 1; C. '73, § 589; R. §§ 224, 
472-3; C. '51, § 96.] 

Note 1: Women are by Par. 2748 made eligible to school offices, and by Par. 
493 to the office of county recorder. 

Sec. 1304. Exemptions. The following classes of property are not 
to be taxed: 

1. The property of the United States and this state, including uni- 
versity, agricultural college and school lands ; the property of a county, 
township, city, town or school district or militia company, when de- 
voted entirely to public use and not held for pecuniary profit; muni- 
cipal, school, and drainage bonds or certificates hereafter issued by 
any municipality, school district, drainage district or county within 
the state of Iowa; public grounds including all places for the burial 
of the dead, crematoriums, the land on which they are built and ap- 
purtenant thereto not exceeding one acre, so long as no dividends or 
profits are derived therefrom; fire engines and all implements for 
extinguishing fires, with the grounds used exclusively for their build- 
ings and meetings of the fire companies ; no deduction from the assess- 
ment of the stock of any bank or trust company shall be permitted be- 
cause of such bank or trust company holding such bonds and certifi- 
cates as may be exempted above ; 



SCHOOL LAWS OF IOWA 157 

2. All grounds and buildings used for public libraries, including 
libraries owned and kept up by private individuals, associations or 
corporations for public use and not for private profit, for eemeter;^ 
associations and societies, and for literary, scientific, charitable, bene- 
volent agricultural and religious institutions, and societies devoted 
solely to the appropriate objects of these institutions, not exceeding 
one hundred sixty acres in extent, and not leased or otherwise used with 
a view of pecuniary profit, but all deeds or leases by which such 
property is held shall be filed for record before the property above 
described shall be omitted from the assessment; the books, papers and 
apparatus belonging to the above institutions, used solely for the pur- 
poses above contemplated, and the like property of students in any 
such institution used for their education ; moneys and credits belong- 
ing exclusively to such institutions, and devoted solely to sustaining 
them, but not exceeding in amount or income the amount prescribed 
by their charters or articles of incorporation ; real estate to the extent 
of not to exceed one hundred sixty acres in any civil township, owned 
by any educational institution of this state as a part of its endowment 
fund, shall not be taxed. [36 G. A., H. F. 307, § 1 ; 36 G. A., H. F. 475, 
§ 1 ; 35 G. A., ch. 117, § 1 ; 35 G. A., ch. 116, § 1 ; 35 G. A., ch. 115, 
§ 1 ; 34 G. A., ch. 61, § 1 ; 34 G. A., ch. 62, § 1 ; 33 G. A., ch. 81, §§ & 2 ; 
32 G. A., ch. 54; 31 G. A., ch. 48; 29 G. A., ch. 56, § 1; 26 G. A., ch. 29; 
21 G. A., ch. 97; C. '73, § 797; R. § 711; C. '51, § 455.] , 

Sec. 2468-k. Fire drills in public schools — exits unlocked — bulletin 
— teachers — penalty. It shall be the duty of the state fire marshal 
and his deputies to require teachers of public and private schools, in 
all buildings of more than one story, to have at least one fire drill 
each month, and to require all teachers of such schools, whether oc- 
cupying buildings of one or more stories, to keep all doors and exits 
of their respective rooms and buildings unlocked during school hours. 
The state fire marshal shall prepare a bulletin upon the causes and 
dangers of fires, arranged in not less than four divisions or chapters, 
and under the direction of the executive council shall publish and 
deliver the same to the public schools throughout the state, and the 
teachers thereof shall be required to instruct their pupils in at least 
one lesson each quarter of the school year with reference to the causes 
and dangers of fires. Any teacher failing to comply with the pro- 
visions of this section shall be guilty of a misdemeanor and shall be 
punishable by a fine of not to exceed ten dollars for each offense. 
[34 G. A., ch. 128, § 11.] 

Sec. 4999-a6. Protection against fire — means of escape. The own- 
ers, proprietors and lessees of all buildings, structures or enclosures 
of three or more stories in height, now constructed or hereafter to be 
erected, shall provide for and equip said buildings and structures 
with such protection against fire and means of escape from such 
buildings as shall hereafter be set forth in this bill. [30 G. A., ch. 
136, §1; 29 G. A., ch. 150, §1.] 



158 SCHOOL LAWS OF IOWA 

Note: 1. A two story school building with a basement five feet above ground 
will be regarded as a three story building. 

See, 4999-a7. Buildings and enclosures — ^how classified. The build- 
ings, structures and enclosures contemplated in this act shall be 
classified as follows: 

First. Hotels, office buildings or lodging rooms, including board- 
ing houses in which sleeping rooms are kept for rent or hire, of 
three or more stories in height. 

Second. Tenements or boarding houses, of three or more stories 
in height, occupied by one or more families or aggregating twenty 
persons or more; provided that a mansard roof or attic, when used 
for sleeping rooms, shall be counted as one story. 

Third. Buildings used as opera houses, theaters or public halls, 
of a seating capacity exceeding three hundred. 

Fourth. Seminaries and colleges, public school buildings, hospitals 
and asylums, of three or more stories in height. 

Fifth. Manufactories, warehouses and buildings of all character 
of three or more stories in height, not specified in the foregoing sec- 
tions. 

Sixth. Hotels and other buildings which are of strictly fireproof 
construction. [35 G. A., ch. 305, §1; 30 G. A., ch. 136, §2; 29 G. 
A., ch. 150, § 2.] 

Sec. 4999-a9. Class of escapes to be supplied — certain classes for- 
bidden — discretionary power of commissioner — stairways. Hotels, 
lodging houses, tenements, apartment buildings, schools, retail or de- 
partment stores, seminaries, and college buildings, office buildings, 
hospitals, asylums, opera houses, theatres, assembly halls and factories 
required to be equipped by law shall be equipped with escapes of 
class "A" or class *'B". All other buildings and structures required 
to be equipped with fire escapes shall be equipped with some one or 
more of said classes of fire escapes. [36 G. A., S. F. 576, § 4; 33 G. 
A., ch. 220, § 1; 30 G. A., eh. 136, § 4.] 



SCHOOL LAWS OF IOWA 159 



CONSTITUTION OF IOWA 



ARTICLE 9. 

1. EDUCATION AND SCHOOL LANDS. 2. SCHOOL FUNDS AND SCHOOL 

LANDS. 

Section 1. Under control of general assembly. The educational and 
school fund and lands, shall be under the control and management 
of the general assembly of this state. 

Sec. 2. Permanent fund. The university lands, and the proceeds 
thereof, and all moneys belonging to said fund shall be a permanent 
fund for the sole use of the state university. The interest arising 
from the same shall be annually appropriated for the support and 
benefit of said university. 

Sec. 3. Lands appropriated. The general assembly shall encourage, 
by all suitable means, the promotion of intellectual, scientific, moral 
and agricultural improvement. The proceeds of all lands that have 
been, or hereafter may be, granted by the United States to this state, 
for the support of schools, which may have been or shall hereafter be 
sold or disposed of, and the five hundred thousand acres of land 
granted to the new states, under an act of congress, distributing the 
proceeds of the public lands among the several states of the union, 
approved in the year of our Lord one thousand eight hundred and 
forty-one, and all estates of deceased persons who may have died 
without leaving a will or heir, and also such per cent as has been or 
may hereafter be granted by congress, on the sale of lands in this 
state, shall be, and remain a perpetual fund, the interest of which, 
together with all rents of the unsold lands, and such other means as 
the general assembly may provide, shall be inviolably appropriated 
to the support of .common schools throughout the state. 

Sec. 4. Fines, etc. — how appropriated. The money which may have 
been or shall be paid by persons as an equivalent from exemption from 
military duty, and the clear proceeds of all fines collected in the 
several counties for any breach of the penal laws shall be exclusively 
applied in the several counties in which such money is paid, or fine 
collected, among the several school districts of said counties, in pro- 
portion to the number of youths subject to enumeration in such 
districts, to the support of common schools, or the establishment of 
libraries, as the board of education shall from time to time provide. 

Sec. 5. Proceeds of lands. The general assembly shall take meas- 
ures for the protection, improvement, or other disposition of such 



160 SCHOOL LAWS OF IOWA 

lands as have been, or may hereafter be reserved, or granted by the 
United States, or any person or persons to this state, for the use of the 
university, and the funds accruing from the rents or sale of such 
lands, or from any other source for the purpose aforesaid, shall be, 
and remain, a permanent fund, the interest of which shall be applied 
to the support of said university, for the promotion of literature, the 
arts and sciences, as may be authorized by the terms of such grant. 
And it shall be the duty of the general assembly, as soon as may be, 
to provide effectual means for the improvement and permanent se- 
curity of the funds of said university. 

Sec. 6. Agents of school funds. The financial agents of the school 
funds shall be the same that, by law, receive and control the state and 
county revenue, for other civil purposes, under such regulations as 
may be provided by law. 

Sec. 7. Distribution. The money subject to the support and main- 
tenance of common schools shall be distributed to the districts in pro- 
portion to the number of youths, between the ages of five and twenty- 
one years, in such manner as may be provided by the general assembly. 

An act providing for a different method of distribution of the school fund, 
held unconstitutional as in conflict with the above section. Dist. Tp. v. County 
Judge, 13 Iowa, 250. 

STATE BOARD OF EDUCATION. 

Sec. 2682-c. State board of education. The state university, the 
college of agriculture and mechanic arts, including the agricultural 
experiment station, and the Normal School at Cedar Falls, and the 
College for the Blind at Vinton, shall be governed by a state board 
of education consisting of nine members and not more than five of 
the members shall be of the same political party. Not more than 
three alumni of the above institutions and but one alumnus from 
each institution may be members of this board at one time. [34 G. 
A., ch. 141, § 2; 33 G. A., ch. 170, § 1.] 

Sec. 2682-e. Meetings. The board shall meet four times a year. 
Special meetings may be called by the board, by the president of the 
board, or they may be called by the secretary of the board, upon the 
written request of any five members thereof. [33 G. A., ch, 170, § 3.] 

Sec. 2682-f. Organization — powers and duties. The state board of 
eduction shall have power to elect a president from their number ; a 
president and treasurer for each of said educational institutions, and 
professors, instructors, officers, and employes, to fix the compensation 
to be paid to such officers and employes; to make rules and regula- 
tions for the government of said schools, not inconsistent with the laws 
of the state ; to manage and control the property, both real and per- 
sonal, belonging to said educational institutions ; to execute trusts or 
other obligations now or hereafter committed to the institutions; to 
direct the expenditure of all appropriations the general assembly shall, 
from time to time, make to said institutions, and the expenditure of 



SCHOOL LAWS OF. IOWA Ibi 

any other moneys ; and to do such other acts as are necessary and 
proper for the execution of the powers and duties conferred upon 
them by law. Within ten days after the appointment and qualification 
of the members of the board, it shall organize and prepare to assume 
the duties to be vested in said board, but shall not exercise control 
of said institutions until the first day of July, A. D. one thousand 
nine hundred nine (1909). [33 G. A., ch. 170, § 4.] 

Sec, 2682-g. Board of regents and boards of trustees abolished. The 

board of regents and the boards of trustees now charged with .the 
government of the state university, the college of agriculture and 
mechanic arts, and the normal school, shall cease to exist on the first 
day of July, A. D. 1909, and, on the same date, full power to manage 
said institutions, as herein provided, shall vest in the said state board 
of education. Nothing herein contained shall limit the general super- 
vision or examining powers vested in the governor by the laws or con- 
stitution of the state. [33 G. A., ch. 170, § 5.] 

Sec. 2682-h. Finance committee^ — officers — duties — term. The said 
board of education shall appoint a finance committee of three from out- 
side its membership, and shall designate one of such committee as chair- 
man and one as secretary. The secretary of this committee shall also 
act as secretary of the board of education and shall keep a record of 
the proceedings of the board and of the committee and carefully pre- 
serve all their books and papers. All acts of the board relating to the 
management, purchase, disposition, or use of lands or other property 
of said educational institutions shall be entered of record, and shall 
show who are present and how each member voted upon each proposi- 
tion when a roll call is demanded. He shall do and perform such 
other duties as may be required of him by law or the rules and regu- 
lations of said board. Not more than two members of this committee 
shall be of the same political party and its members shall hold office 
for a term of three years unless sooner removed by a vote of two- 
thirds of the members of the state board of education. [3-4 G. A., 
ch. 132, § 1; 33 G. A., ch. 170, § 6.] 

Sec. 2682-i. Oath — bond. Each member of the board and each mem- 
ber of the finance committee shall take oath and qualify, as required 
by section one hundred seventy-nine (179) of the code. The members 
of the finance committee, before entering upon their oft'icial duties, 
shall each give an official bond in the sum of twenty-five thousand 
dollars ($25,000), conditioned as provided by law, signed by sureties 
approved by the governor and, when so given, said bonds shall be 
filed in the office of the secretary of state. [33 G. A., ch. 170, § 7.] 

Sec. 2682-k. Business office — employes — monthly visitation. A 

business office shall also be maintained at each of the three educational 
institutions, and the board may hire such employes as may be necessary 
to enable the board to carry out the purposes of its creation, and 
to assist the said finance committee in the performance of its duties, 
and shall present to each general assembly an itemized account of the 
11 



162 SCHOOL LAWS OF IOWA 

expenditures of said committee. The members of the finance com- 
mittee shall, once each month, attend each of the institutions named 
for the purpose of familiarizing themselves with the work being done, 
and transacting any business that may properly be brought before 
them as a committee. [34 G. A., ch. 132, § 3; 33 G. A., ch. 170, § 9.] 

Sec. 2682-11. Biennial report. The board shall make reports to the 
governor and legislature of its observations and conclusions respecting 
each and every one of the institutions named, including the regular 
biennial report to the legislature covering the biennial period ending 
June 30th, preceding the regular session of the general assembly. Said 
biennial report shall be made not later than October 1st, in the year 
preceding the meeting of the general assembly, and shall also contain 
the reports which the executive officers of the several institutions are 
now or may be by the board required to make, including, for the 
use of the legislature, biennial estimates of appropriations necessary 
and proper to be made for the support of the said several institutions 
and for the extraordinary and special expenditures for buildings, bet- 
terments and other improvements. [33 G. A., ch. 170, § 19.] 

Sec. 2682-w. College for blind — control transferred. That all the 
powers heretofore granted to and exercised by the board of control 
over the College for the Blind are hereby transferred to the State Board 
of Education and the State Board of Education is authorized and em- 
l^owered to take charge of, manage and control said College for the 
Blind. [34 G. A., ch. 141, § 3.] 

THE STATE COLLEGE OF AGRICULTURE AND MECHANIC ARTS. 

Act of Congress, July 2, 1862. 

AN ACT donating public lands to the several states and territories which may 
provide colleges for the benefit of agriculture and mechanic arts. 

Section 1. That there be granted to the several states for the pur- 
pose hereinafter named, an amount of the public land, to be appor- 
tioned to each state, a quantity equal to thirty thousand acres for 
each senator and representative in congress to which the states are 
respectively entitled, by the apportionment under the census of 1860 ; 
provided, that no mineral lands shall be selected under the provisions 
of this act. 

Sec. 2. That the land aforesaid, after being surveyed, shall be ap- 
portioned to the several states in sections or sub-divisions of sections, 
]iot less than one-quarter of a section; and whenever there are public 
lands in a state subject to sale at private entry at one dollar and 
twenty-five cents per acre, the quantity to which said state shall be 
entitled shall be selected from such lands within the limits of such 
state, and the secretary of the interior is hereby directed to issue to 
each of the states in which there is not the quantity of public lands 
subject to sale at private entry at one dollar and twenty- five cents 
per acre, to which said state may be entitled under this act, land scrip 
to the amount in acres for the deficiency of its distributive share: 



SCHOOL LAWS OP IOWA 163 

said scrip to be sold by said states and the proceeds thereof to be 
applied to the uses and purposes prescribed in this act, and for no 
other purpose whatever; provided, that in no case shall any state to 
Avhich land scrip may thus be issued, be allowed to locate the same 
within the limits of any other state, or of any territory of the United 
States, but their assignees may thus locate said land scrip upon any 
of the unappropriated lands of the United States subject to sale at 
I)rivate entry at one dollar and twenty-five cents or less per acre ; and 
provided further, that not more than one million acres shall be located 
by such assignees, in any one of the states ; and provided further, that 
no such location shall be made before one year from the passage 
of this act. 

Sec. 3. That all the expenses of management, superintendence, and 
taxes from date of selection of said lands previous to their sale, and 
all the expenses incurred in the management and disbursement of the 
moneys which may be received therefrom, shall be paid by the state to 
which they may belong, out of the treasury of said state, so that the 
entire proceeds of the sales of said lands shall be applied without 
any diminution whatever to the purposes hereinafter mentioned. 

Sec. 4. That all moneys derived from the sale of the lands aforesaid 
by the states to which the lands are apportioned, and from the sale of 
land scrip hereinbefore provided for, shall be invested in the stocks of 
the United States, or of the states, or of some other safe stocks, yield- 
ing not less than five per centum upon the par value of said stocks; 
and that the money so invested shall constitute a perpetual fund, the 
capital of which shall remain forever undiminished (except so far as 
may be provided in section fifth of this act), and the interest of 
which shall be inviolably appropriated by each state, which may take 
and claim the benefit of this act, to the endowment, support, and 
maintenance, of at least one college, where the leading object shall 
be, without excluding other scientific and classical studies, and in- 
cluding military tactics, to teach such branches of learning as are 
related to agriculture and the mechanic arts, in such manner as the 
legislatures of the states may respectively prescribe, in order to pro- 
mote the liberal and practical education of the industrial classes in 
the several pursuits and professions of life. 

[Chapter 108. Statutes at Large, 47th Congress, approved April 26, 1882. 
amends this section "so as to permit the state of lov.a, which has provided 
a college in accordance with this act, to loan endowment fund belonging to 
said college, upon real estate security, under such rules and regulations as the 
general assembly shall hereafter provide."] 

Sec. 5. Avd he it further enacted, that the grant of land and land 
scrip hereby authorized shall be made on the following conditions, to 
which, as well as to the provisions hereinbefore contained, the pre- 
vious assent of the several states shall be signified by legislative acts : 

First. If any portion of the fund invested as provided by the fore- 
going section, or any portion of the interest thereon shall, by any 
action or contingency, be diminished or lost, it shall be replaced by 



164 SCHOOL LAWS OF IOWA 

the state to which it belongs, so that the capital of the fund shall re- 
main forever undiminished, and the annual interest shall be regularly 
applied, without diminution, to the purposes mentioned in the fourth 
section of this act, except that a sum not exceeding ten per centum 
upon the amount received by any state under the provisions of this 
act may be expended for the purchase of lands for sites or experi- 
mental farms, whenever authorized by the respective legislatures of 
said states. 

LAWS OF IOWA. 

Sec. 2645. Grant accepted. Legislative assent is given to the pur- 
poses of the various congressional grants to the state for the endow- 
ment and support of a college of agriculture and mechanic arts, and 
an agricultural experiment station as a department thereof, upon the 
terms, conditions and restrictions contained in all acts of congress re- 
lating thereto, and the state assumes the duties, obligations and re- 
sponsibilities thereby impose^. All moneys appropriated by the state 
because of the obligations thus assumed, and all funds arising from 
said congressional grants, shall be invested or expended in accordance 
with the provision of such grant, for the use and support of said 
college located at Ames. [24 G. A., ch. 6 ; 20 G. A., ch. 76, §1; C. 
'73, § 1604; R., § 1714.] 

Sec. 2648. Courses of study. There shall be adopted and taught 
practical courses of study embracing in their leading branches such as 
relate to agriculture and the mechanic arts, and such other branches as 
are best calculated to thoroughly educate the agricultural and indus- 
trial classes in the several pursuits and professions of life, including 
military tactics, and, as a separate department, a school of mines, in 
which a complete course in theoretical and practical mining in its dif- 
ferent branches shall be taught. [25 G. A., ch. 107; 20 G. A., ch. 27; 
C. '73, § 1621.] 

See. 2649. Tuition — admission. Tuition in the college herein es- 
tablished shall be forever free to pupils from the state over sixteen 
\ears of age, who have been residents of this state six months previous 
to their admission. Each county in this state shall have a prior right 
to tuition for three scholars from such county; the remainder, equal to 
the capacity of the college, shall be by the trustees distributed among 
the counties in proportion to the population, sub.iect to the above rule. 
Transient scholars otherwise qualified, may at all times receive tuition. 
[C. '73, § 1619.] 

Note: Reports. See also section 2 682-b, page 12 5. 

Sec. 2673. Sale of liquors. No person shall open, maintain .or con- 
duct any shop or other place for the sale of wine, beer or spirituous 
liquors, or sell the same at any place within a distance of three miles 
from the agricultural college and farm; provided, that the same may 
be sold for sacramental, mechanical, medical or culinary purposes ; and 
any person violating the provisions of this section shall be punished on 
conviction by any court of competent jurisdiction, by a fine not exceed- 



SCHOOL LAWS OF IOWA 165 

ing fifty dollars for each offense, or by iraprisonnient in the county jail 
for a term not exceeding thirty days, or by both such fine and imprison- 
ment. [C. 73, §1620.] 

THE NORMAL SCHOOL. 

Sec. 2675. Board of trustees — officers. The normal school at Cedar 
Falls, for the special instruction and training of teachers for the com- 
mon schools, shall be officially designated and known as the Iowa State 
Teachers' College. The treasurer shall give bond in the sum of twenty 
thousand dollars, with good and sufficient sureties, to be filed with and 
approved by the secretary of state, which bond shall be conditioned for 
the safe keeping and proper disbursement of all money coming into his 
hands by virtue of his office. [33 G. A., ch. 171, § 1 ; 16 G. A., ch. 129, 
§§1,4.] 

Sec. 2676. Powers of board — admissions — fees. The board shall 
have power to employ a sufficient number of suitable and competeni 
teachers and other assistants ; fix their compensation ; make all neces- 
sary rules and regulations for the management of the school, the admis- 
sion of pupils from the several counties in the state, giving to each 
county its proper representation therein in proportion to the population 
thereof, and to all teachers in the state equal rights, requiring that each 
one received as a pupil shall furnish satisfactory evidence of good 
moral character and the honest intention of following the business of 
teaching school in the state ; and make such arrangements as it may for 
the lodging and boarding of pupils, which shall be paid for by them. 
It may charge a fee for contingent expenses not to exceed one dollar 
monthly, and a tuition fee of not more than six dollars a terra, if neces- 
sary for the proper support of the institution, and shall determine what 
part of the year the school shall be open, its sessions to continue, how- 
ever, for at least twenty-six weeks of each year. [17 G. A., ch. 142, § 2 ; 
16 G. A., ch. 129, § 5.] 

Sec. 2677. Branches of study. Physiology and hygiene shall be in- 
cluded in the branches of study regularly taught to and studied by all 
pupils in the school, and special reference shall be made to the effect of 
alcoholic drinks, stimulants and narcotics upon the human system, and 
the board shall provide the means for the enforcement of the provisions 
of this section and see that they are obeyed. [25 G. A., ch. 1, § 1.] 

Sec. 2678. Contract with school districts. The board may contract 
with the board of directors of the school township or independent dis- 
trict in which the school is situated, and those contiguous thereto, for a 
period not exceeding two years at a time, to receive the pupils thereof 
into the State Teachers' College and furnish them with instruction, pay- 
ment therefor to be made out of the teachers' fund of such townships 
or districts, which shall not exceed fifty cents, weekly, for each pupil ; 
the contract to be in writing, and a copy filed with the county superin- 
tendent. [25 G. A., ch. 40, §§ 1-3.] 



166 SCHOOL LAWS OF IOWA 

Sec. 2679. Teachers' reports — ^tuition. If such a contract is entered 
into, all reports required by law to be made to the board of directors of 
such township or districts and the county superintendent, by the teach- 
ers thereof, shall be made by the principal of the normal school, and all 
sums paid for tuition shall go to its contingent fund. [Same, §§ 3, 4.] 

Sec. 2680. Report to g-ovemor. The board shall biennially, through 
its secretary, make a detailed report to the governor of its proceedings 
during the preceding two years, which report shall show the number of 
teachers employed, the compensation of each, the number of pupils and 
classification, an itemized statement of receipts and expenditures, and 
such further information with such recommendations. [31 G. A., ch. 
125; 22 G. A., ch. 64, § 2; 16 G. A., ch. 129, § 9.] 

Sec. 2682-b. Reports — what to contain. That the secretary of the 
state university, the secretary of the state college of agi*iculture and 
mechanic arts, and the secretary of the State Teachers' College be re- 
quired hereafter to make report to each general assembly within three 
daya after the said general assembly shall have convened. Said reports 
shall show in plain manner the amount available each fiscal year from 
state appropriations and all other sources, for the erection, equipment, 
improvement and repair of buildings, also the funds received from 
state appropriations, interest on endowniient funds, tuition, laboratory 
fees, janitor fees, donations, rent of lands and from all sources whatso- 
ever, going to affect the annual income of the support funds of said in- 
stitutions. Any appropriation of funds received for any special pur- 
pose whatsoever shall also be reported. Hospital receipts and sales of 
departments shall be listed separately. The report shall show how 
the moneys thus received were expended, giving under separate heads 
the cost of instruction, administration, maintenance and equipment of 
departments, and the general expenses of the institutions. It shall 
clearly state the number of professors, instructors, fellows and tutors, 
and the number of students enrolled in each course during each year 
of the biennial period. Students attending the short courses shall be 
reported separately. The amount of unexpended balances of depart- 
ments, remaining in the hands of the treasurer, and the amounts un- 
drawn from the state treasury on the thirtieth of June of the last year 
of the biennial period shall be given. The report of the secretary of 
the state college of agriculture and mechanic arts shall also show the 
receipts of the experiment station from all sources for each fiscal year 
and how such funds were expended. [33 G. A., ch. 170; 30 G. A., ch. 
104.1 



INDEX TO SCHOOL LAWS 



PREPARED BY PROF. JAS. F. PAGE, HIGHLAND PARK COLLEGE. 



Note— The subject heads of this index ar 
the subheads nearly so. The principal woi 
the words that follow it refer either to tlie 
reference as the sense requires. 

A 

Accounts- 
Attendance in another corporation--2803 

Audited by Board 2780 

Bonds sold, kept by Treasurer 2Sr2-f 

Board of Ed. Examiners, by. 2633 

Expenditures of finance committee-2682^h 

Free tuition 273S^al 

Institute Fund, itemized 273S 

Secretary, by 2761 

Treasurer, by 2768 

Trustees County High School by--2729 

Acre- 
Site by condemnation, may or may 
not exceed 2814 

Adjournment- 
Less than quorum of Board may 
adjourn 2771 

Advertisement — 

Bids for purchase of text-books 2828 

Bids for erection of sehoolhouse, 
$300 or over 2779 

Intoxicating- liquors and tobacco, 
forbidden 5028-s, p. 150 

Ai¥idavit — 

Appeal, consists of what 2818 

Basis of appeal 2818 

Sets forth errors complained of 2818 

Time for filing -iSlS 

Age- 
Free attendance, for 2773 

Persons compelled to attend school.2823-a 

Scholar, of 2SW 

Scholars in attendance 2789 

Voter at school meeting 27i8 

Agriculture — 

Aid foT teaching, two-room build- 
ing 2791-b 

Aid for teaching, three-rootm build- 
ing 2'794-c 

Aid for teaching, four-room build- 
ing - 2791-d 

Examination in, required 2775-a 

Extent of instruction, prescribed 'Z77a-a 



■e arranged in perfect alphabetical order ; 
d of reference occurs first in order and 
subject head or to the principal word of 



Teaching of, required In public 
schools 2775-a 

Taught in formal Training High 
School course 2<334-bl 

Agricultural College; see State 
College of Agriculture and 
Mechanic Arts. 

Aid — 

Annual appropriation for 279-1-g 

Approved High Schools, $750.00 

yearly 2(33i-b3 

Auditor of State draws warrant for.2794-e 

Class of 10 necessary to secure 2634-b3 

Consolidated Schools— 

Two-room school 2794-b 

Three-room school 2794-c 

Pour-room school 2794-d 

Oonsohdated School not entitled to, 

when 2794^f 

Supt. Pub. Instruction makes re- 
quisition for 2794-e 

Alcoholic Drinks and Narcotics — 

Effects of, taught in Nomnial- Schioo.1.2677 

Examination of teacher upon 2734-d 

County Supt. must report regard- 
ing 2739 

Law regarding teaching, enforced— 2740 
Instruction as to effects 2775 

Annual Meeting — 

Board shall present statement at-. .2780 
Change of textbooks illegal unless 

directed at, when 2829 

Free text-books, submitted at 2836 

Free text-books, voted at 2837 

Free text-books, discontinued at— .2837 
Instructions at, obeyed by Board— 2778 

Judgment tax voted at 2811 

Notice of, posted 2746 

Officers oif 2-746 

Text-books, change of, directed at.2749 

Time of, second Monday, March 2746 

Voting must be by ballot 2749-2754 

Voters at, who are 2747 



168 



SCHOOL LAWS OF IOWA 



A — Continued 



Apparatus — 

Expenditures for. in County High 

School 2731 

Purchase of. with contingent funds.2783 
Value oi, reported by secretary 2765 

Appeal — 

Affidavit, basis of 2818 

Costs of, taxed to appellant, when-2821 

Costs of, transcript of, filed 2821 

Co. Supt. notifies secretary of 2819 

Decision on, final, when.. 2819 

From decision of arbitrators 2802 

From decision of County Supt 2820 

Hearing and decision by Co. Supt... 2819 
Judgment for money not rendered 

on 2820 

Persons interested, notified of 2819 

Taken to State Supt., when 2820 

Time of hearing fixed 2819 

Secretary to send up transcript on--2819 
Witnesses at, attendance compelled-2821 
Witnesses at, subnoenas issued for. .2821 
Witnesses at, fees 2821 

Appoiutuieut — 

Assistants at examination by Co. 
Supt. 2734-c 

Assistant examiners 2629 

Board of Educational Examiners, 

two members appointed ...2628 

Deputy by Co. Supt 2734-b 

Deputy by State Superintendent 2627-g 

Judges of election, annual meeting..2746 

Judges of election in precincts 2756 

Normal Institute, time and place.. -2627-c 

Officers at subdistrict meeting 2751 

President and secretary pro tern 2772 

Qualifications necessary for 2748 

Secretary, independent district, who 

eligible 2757 

Vacancies, County High School 

Trustees 2729 

Vacancies in Board, to fill 2758 

Vacancies, vote to fill by ballot 2771 

A|(portionmeiit — 

Number, pupils to County High 
School 2732 

Published in official papers... 2732 

Apportionment; See Semi-Annual 
Apportionment. 

Appraisers; see Referees. 



Appropriations — 

Estimates of, for educational insti- 
tutions Ch. 170. P. 140 Sec. 19 

Approved Higrli Schools — 

Admission to 2634-b5 

Appropriation for inspector of 2634-b4 

Appropriation for 2634-b3 

Certificate of graduation issued 2634-b7 

Conditions of admission to, pre- 
scribed 2634-b5 

County or township school given 

preference 2634-bl 

Course of study in 2634-bl 

Examination, fee for 2634-b6 

Examination conducted by County 

Supt. 2634-b6 

Examinations for graduation from.2634-b6 
Inspector appointed by State Supt..2634-b4 

Private school eligible as 2634-b2 

Record of students ...2634-e 

State aid to, how given 2634-b3 

Train teachers for rural schools 2634-bl 

Arbitrators — 

Appeals from decision of 2802 

Decision of, in writing 2802 

Selected by Boards, when 2802 

As.sets and Liabilities — 

Divided on dissolution of consoli- 
dated district 2794-af 

Equitable division by Board 2802 

Attendance — 

Age for 2804 

Compulsory 2823- a 

Contracts with other Boards for 2774 

County High School at... 2733-al 

Free to actual residents 2773 

In another corporation 2803 

Nonresidents 2804 

Normal School, at 2676 

Register of, lor each scholar 2789 

School for, determined by Board... 2773 
Transportation expense in 2774 

Attendant!* — 

List of, at Summer School 2738 

Auditor; see County Auditor. 

Auditor of State^ — 

Report to, from State Superintend- 
ent 2627-c 

Warrant, salary, expenses. State 
Superintendent 2627-h 



SCHOOL LAWS OF IOWA 



169 



Balances — 

Interest on 90 per cent of 2768 

Ballot — 

Directors elected by 2754 

Director for subdistrict, elected by. -2751 
Election in precincts, must be by--2755 
Form of, increasing limit of indebt- 
edness 2820-d3 

Free text-books authorized by 2837 

Independent district, how printed.— 2754 
Independent district, formation of, 

vote by 2794 

Independent district, united, vote 

by 2799 

Officers of Board elected by 2757 

Organization, consolidated inde- 
pendent district by 2794-a 

Rural independent district to organ- 
ize by 2797 

Rural Ind. Dist. united into school 

townships, vote by 280O 

Vacancies in Board, filled by 2771 

Voters vote by, for consolidated 

district 2Y94-a 

Voters vote by, to dissolve con- 
solidated district 2794-af 

Ballot Box — 

Provided for each precinct 2756 

Separate, for women (note) 2747 

Separate for voters, when provided_2794-aa 

Bank — 

Bond to insure against loss, shall 

give 2768 

Bond filed with president of board--2768 

Funds shMll be deposited in 2768 

Interest on funds, shall pay 2768 

Treasurer shall deposit funds in 2768 

Barbed Wire — 

County Superintendent shall en- 
force law 2740 

Use of for inelosure, prohibited 2817 

Use of within ten feet, prohibited- .2817 
Use of. penalty .2817 

Bequests — 

Accepted by school corporations 

740, P. 151 

Bible — 

Child not required to read 2805 

Not to be excluded from school 2805 

Blind Persons — 

Reported by County Superintendent.2739 
Reported to County Superintendent_2765 
Board of Directors — 

Advertise before adopting text- 
books 2828 



Advertise before contracting to 

build 2779 

Assets and liabilities, shall divide..2802 
Attendance of nonresidents, fixes 

terms 2804 

Audit all claims 2780 

Barbed wire, use prohibited 2817 

Bonds for erecting, etc., may 

issue 2812-d 

Bonds filed with jiresiilent 2760 

Bonds, shall certify tax to pay 2813 

Bonds maturing, may issue bonds 

for 2812-c 

Bonds of secretary and treasurer..2760 

Bonds, issue for judgment debt 2812-e 

Books and apparatus, may pur- 
chase 2783 

Books and supplies, keep for sale.. .2824 

Boundaries, may change 2793 

Boundaries of Ind. Dist. may estab- 
lish 2794 

Boundaries of subdistricts, may 

change 2801 

Certificate, shall pay no person 

without 2788 

Certify taxes to Board of Super- 
visors 2794-ab 

Civil township, how chosen in 2790 

Compensation, secretary and treas- 
urer fixed 2780 

Compensation, no member to re- 
ceive 2780 

Consolidated Ind. Dist.. election of.2794-aa 

Counsel, may employ 2759 

Course of study prescribed by 2772 

Election directors, shall give notice-2795 
Election of, in school townships.2751-2752 
Election of, in independent dis- 
tricts • 2754-2756 

Election, shall call for dissolution.. 2794-af 
Elect teachers and make contracts. .2778 

Flag, shall provide 2604-a 

Flagstaff, shall provide 2804-a 

Free text-books, shall arrange tor..2837 
Financial statement, publication of.2781 
Graded or union schools, establish. .2776 
General supervision, may select per- 
son for 2776 

Industrial exposition, may hold 2786 

Instructions of annual meeting, 

shall obey ..2778 

Judgment tax, paid from proper 

fund 2811 

Kindergarten department, may es- 
tablish 2777 

Levy taxes in consolidated districts. 2794-ab 
Levying tax, shall submit question.2794-ae 
Location of school, may submit 
question 2794-ae 



170 



SCHOOL LAWS OF IOWA 



B— Continued 



Make rules regarding secret fraterni- 
ties 2Y82-b 

Meetings of 2757 

Members on, in school townships... 2752 

Members on, in Ind. districts 2754 

New rural independent district, for.2797 
Number of schools determined by.. .2773 
Organization of, in independent dis- 
tricts 2795 

Organization of, when effected 279i4>-aa 

Proceedings of, recorded by secre- 
tary 2761 

Period school held, determined by..2773 

President of, duties of 2759 

President or secretary of, pro- tem_.2772: 
PerfoTinance of duties, required by.2772 

Qualifications for member of 27-18 

Qualifications of members of 2758 

Quorum of 2771 

Referees' assessment, shall deposit..2S15 
Referees' assessment, shall pay cost.2815 

Rules and regulations made by 2773 

Rent room, teacher for 10 scholars.. 2774 

Secretary of, duties of 2761-2767 

Site for schoolhouse, fixed by 2773 

Site for schoolhouse may take 2814 

School, scholar shall attend, fixed 

by 2773 

Stimulants, effect of, require in- 
struction 2775 

Schoolhouse, consult Co. Supt. be- 
fore building 2779 

Statement by, receipts and expendi- 
tures 2780 

Scholar, may expel 2782 

Scholar, may readmit 2788 

School property may insure 2783 

School To\vnship divided intO' sub- 
districts by •. 2801 

• SubdirectoT authorized to contract 

by 2785 

subdivision of district by 2798 

Shade treies, shall set out.. 2787 

Suitable school building, provide.. .279i4-ae 
Territory, may consent to attach..2791 
Territory restored by consent of, 

and Oo. Supt 2792 

Taxes, shall estimate 2806 

Taxes, shall certify for new dis- 
trict 2796 

Tax to pay judgment, shall certify. 2811 
Tax, must apportion among subdis- 

tricts 2806 

Tax to pay bonds or interest, pro- 
vide . 2813 

Text-books, may adopt and pur- 
chase 2824 

Text-books, advertise for bids on_..2828 
Text-books, may loan to scholars.2783 



Term of 2745-2754 

Transportation to and from school 

provide 2794-ac 

Transportation, designate route 

traveled 2794-ac 

Transported, children may be by 

parent, when 2794-ac 

Transportation, compensation al- 
lowed for 2794-ac 

Transportation, unreasonable dis- 
tance, for 2794-ac 

Transportation, may suspend, 

when 2794-ac 

Transportation contract must be in 

writing 2794-ad 

Treasurer of, duties of 2/768-2769 

Transportation of children, paid by.2774' 

Treasurer, settlement with 2780 

Teacher, may discharge for cause — 2782 
Teacher, may be empowered by, to 

temporarily dismiss scholar 2782 

Unite districts, may 27991-2800 

Vacancy in, filled by appointment.2758' 

Vacancy in, filled by ballot 2771 

Visiting schools, provides for ..2782 

Water-closets, special attention to-.2784 

Bill — 

Expenses of summer school 2738 

Board of Education; see State 

Board of Education. 
Board of Education Examiners — 

Amount of moneys, shall keep de- 
tailed account of 2633 

Certificates of graduates, may 1ssue.2634-f 
Ctertifieateisi or diploma, may revoke.2i631 
Certificates of other states may 

validate 2630-c 

Compensation of members of 2i634-a 

Composed of whom 2628 

Compensation of assistants 2634-a 

Examinations, hold two annually...2029 
Examination, shall require fee for.2e31 
Library books, shall prepare list of.282!3-p 
Moneys, shall pay to state treasury .2631 
President is Supt. of Public Inst. ..2928 

Record of proceedings, shall keep 2629 

Register of certificates, shall keep-2030-b 

Rules and regulations, adopt 2629 

Secretary of, salary 2934-a 

Special primary certificates, may 

grant : 2G3l>-h 

Special certificates, may grant 263i0-b 

State certificates and diplomas, 
issue 2629 

Board of Regents, State Univer- 
sity — 
Abolished .-2682-g 



SCHOOL LAWS OF IOWA 



171 



B— Continued 



Uonril of Suyervisors — 

Additional compensation to Co. 

Supt. ...2742 

Board certifies amount of taxes to.2794-al 

Bond of trustees, require 2729 

County Higti School, appoint trus- 
tees 2728 

County High School, fill vacancies-2723 
County High School, submit ques- 
tion 2728 

Ooimty Board of Education, includ- 
ed in 2831 

Funds for institute, may appro- 
priate 2738 

Levy special subdistrict tax 2753 

Levy tax for new independent dis- 
trict 2796 

Levy tax for school funds 2807 

Levy tax to pay, bonds due 2813 

Levy tax in consolidated ind. dis- 
trict, when 2794-ab 

Board of Trustees, County Hig,'h 
School — 

Annual reports, shall mabe 2731 

Classes of, three 2729 

Election of ' 2T29 

Funds needed, shall estimate 2730 

Funds, no' purchase in excess of 2731 

President of, is Co. Supt 2728 

Qualify by taking oath 2729 

Rules and regulations, shall ap- 
prove 2:732 

Secretary and treasurer, shaU ap- 
point 2729 

Site for schoolhouse, shall select 2730 

Students of county, no charge 2732 

Students, may admit outside 

county 2732 

Teachers, shall employ 2731 

Who constitute 2728 

Board of Trustees of Normal 
School — 

Abolished 2682-g 

Board of Trustees, Agricultural 
College^ 

Abolished 2682-g 

Bond of Person — 

Action on, brought by President 2760 

Action on, of publishers 2827 

Bank in which funds deposited 2768 

Contractor, furnishing books and 

supplies 28SO 

Contractor tO' build, of 2779 

Filed with president 2760 

Finance committee, by members of_26S2-i 



Person keeping books and supplies. -2824 
Secretary and treasurer of board, 

give 2760 

Surety companies, accepted on 2830 

Trustees County High School, give-2729 
Bonds Issued for School Purposes — 

Engraving and printing paid 2812-e 

Forms of 2812-e 

Indebtedness, board issue to pay 2812-c 

Interest on 2812-e 

Judgment, to pay 2812-c 

May run twenty years 2812-e 

Notice, not voted without 2746 

May not issue without vote of 

people 2823 

Paid in order of number 2S12-f 

Par value, not sold under 2812-e 

Redemption of 2812-f 

Registration 2812-e 

School building, issue of 28r2-d 

Stiiool funding, issue of .-2812-e 

Signed by president and secretary-2812^e 

Tax to pay on interest, limit 2813 

Time to run 2812-e 

Vote on issuance, majority 2820-d4 

Books; see Text-books. 
Boundaries — , 

Alteration of, in subdistricts 2801 

Changed by attaching territory 2791 

Changed by restoring territory 2792' 

Changes in, copy of, delivered 2801 

Changesi of in subdistricts, take 

effect 2801 

Consolidated corporation of 2794-a 

Contiguous eoTporation, of 2793 

I>escription of, recorded in records-.2801 

Divisions for attendance 2773 

Independent district established 2794 

Independent district, subdivision of-2798 

Independent districts, uniting 2799 

Subdistricts conform to congres- 
sional division 2801 

Subdistricts school township di- 
vided 2801 

Branches of Study — 

Added to eo^irse by voters 2749 

Determined by Board - 2772 

Buildins — 

Erection of 2779 

Lowest bidder 2779 

Plans approved 2779 

Pubhcation 2779 

Repairs 2779 



Canvass of Votes^ 

Annual meeting of voters, at 2746 

Annual subdistrict meeting 2751 

Consolidated corporation, organiza- 
tion 2794-i 



County High School, to establish- -2728 
Coimty imiformity, when voted on-.28S2 

Election precincts in 2756 

Independent district, formation of--2794 
Officers of the Board, for 2757 



172 



SCHOOL LAWS OF IOWA 



C — Continued 



Record of, kept by secretary 2761 

Vacancy among officers or mem 
bers 2771 

CertifU'site of AdiniNisiuu — 

Admission to High School, qualifica- 
tions 2733-al 

Certificate of Kleetiou — 

Directors, elected to 2746, 2756 

Directors of subdistricts to 2751 

Certifiesite of Teacher — County — 

Examination lor 2734-c to 2734 -n 

Fee for 2734-p 

First grade, renewal 2734-d 

For life, lapse when 2734-h2 

Graduation from accredited High 

School 2634-b7 

Renewed for life, how 2C34-hl 

Renewal for life, fee for 2634-h 

Revocation of 2734-t, 2734-u 

Registration of 2734-q 

Second grade, renewal 2734-h 

Special, studies for 2734-e 

Teacher, not employed without 2788 

Term of 2734-j-2734-t 

Third grade, issued for one year 2734-i 

Valid for two years, when 2734-h 

Certificate or Diploma — State — 
Fee lor 2631 

Graduates of accredited colleges 

2634-f-2634-g 

Granted upon examination J_..2G29 

Primary teachers, granted to 2630-b 

Registration of 2734-q 

Revocation of 2631-2734-u 

Subjects of examination for 2629 

Validated for Life. Lanse 2634-h2 

Chuiruiau — 

Annual meeting, president. Board 
is 2746 

Board educational examiners. State 
Supt. 2628 

Board trustees. County High 
School 2728 

County board education, Co. Supt. -2833 

Temporary, appointed when. -.2772 

President of Board at board meet- 
ings - -.2759 

Subdistrict, meeting of 2751 

ChauK'e of Boundaries; Mee Boun- 
daries. 

Charts — 

Purchased with contingent fund 2783 

Child; see Scholar. 

City and Town Districts; see Inde- 
pendent School Districts. 



Civil Township — 

Constitutes a school township 2790 

Lines not bar to attaching terri- 
tory 2791 

Lines not bar to change bounda- 
ries 2793 

Meetings of Board held in 2757 

Name applied to school township.. 2744 
Rural Ind. districts of, united 2800 

Claims — 

Audited and allowed by Board 2780 

Damages for condemnation of site--2815 
Expenses of Board of Educational 

Examiners 2634-a 

Expenses of Co. Supt. filed 2742 

Expenses incurred, kept by secre- 
tary 2761 

Traveling expenses Co. Supt 2734-b 

Traveling expenses. State Supt 2627-h 

Ciei'k of Election — 

Annual meeting, secretary acts 2746 

Annual meeting, secretary records 

vote 2761 

Appointed in each precinct 2756 

Subdistrict meeting, chosen by vot- 
ers 2751 

CoHese for the Blinds 

How governed 2682-w 

Coiuiteusatiou — 

Board educational examiners 2634-a 

County Superintendent 2742 

Fixed by Board 2778 

Inspector approved High School 2634 -b4 

Member of Board receives none 2780 

Officers and employes, educational 

institutions 2682-1 

Persons keeping supplies for sale--2824 

Referees 2815 

Registrars 2755 

Schoolhouse site condemned 2815 

Secretary of Board 2780 

Supt. of Public Instruction 2627-h 

Teachers, paid to 2778 

Teacher without certificate, not 

paid 2788 

Trustees County High School 2731 

Witness in appeal 2821 

Compulsory Education — 

Attendance entire school year, when-2823-a 

Children subject to 2823-a 

Enforced, how 2S23-f 

Scnool census for 2S23-i 

Teachers and officers, duties of 2S23-g 

Truant officers, appointment and 
duties 2823-e 

Concurrent Action — 

Board and Oo. Supt. attaching 
territory 2791 



SCHOOL LAWS OF IOWA 



173 



C— Continued 



Board and Co. Supt. restoring ter- 
ritory 

Board and Co. Supt. where children 



.2792 



attend 



.2803 



Boards on terms of attendance 2803 

Boards attaching territory, Ind. 



Dist. 



-2798 



Boards changing boundary lines 2793 

Boards uniting Ind. districts 2799 

Boards restoring territory 2792 

Condemnation — 

School site or public road 2815 

Conductor of Institute; see Teacli- 

ers' Normal Institute. 
Consolidated Independent School 

Districts — 

Assets and liabilities of, divided—- 2794-af 

Board of, shall organize when 2794-af 

Board shaU call election for 2794-aa 

Contracts for transportation in— 2794-ac 
Contain not less than 16 sections-2794-aa 

Dissolution of. election for 2794-af 

Location of school, submitted to 

voters 2794-ae 

Penalty, violation transportation 

rules -2794-ag 

Petition for. signed by one-third 

electors 2794-aa 

Petition for dissolution of 2794-af 

School building for. Board pro- 
vides 2794-ae 

School located in city limits 2794-ae 

Tax for school building in 2794-ae 

Taxes for, limit of 2794-ab 

Transportation of scholars in 2794-ac 

Consolidation of Districts — 

Independent districts, may unite 2799 

Rural independent districts unite— 280O 

Contingent Fund; see Funds. 

Contracts — 

Adoption of text-books 2824 

Advertisement to build exceeding 

$300 2779 

Between Boards regarding attend- 



-2803 



Board may for instruction of chil- 
dren 2774 

Board may make when directed 2778 

Director of subdistrict, may make.2785 
Director of subdistrict, by presi- 
dent approves 2785 

Lowest bidder, by, to build 2779 

Minimum wage, less than, prohibit- 
ed 2778-e 

President must sign 2759 

Teacher's must be in writing 2778 



Teacher's filed with secretary 2778 

Text-books by Board or Co. 

T. J 2830 

Board 

Transportation of scholars, for 

2774, 2794-ac 

"Trustees County High School, by-2731 

Convention — 

Expenses, Co. Supt. receives 2742 

Corporate Name — 

School districts, of 2744 

Corporation; see School District. 

Corporations — 

Limits, how changed 2793-2793-a 

Bequests, may accept 740, P. 151 

" Appeal, taxed to party responsible.2821 
Prosecution of school officer, of-2834 
Referees, assessment paid by dis- 

2815 

trict 

Counsel — 

May be employed by Board -i7&y 



.2741 



County — 

Action by, against Co. Supt. 
Attendance from adjoining, allowed 2803 
Lines not bar to attaching tem- 

2791 

Territory set off. restored 2792 

Uniformity of textbooks in 2832 

County Attorney— 

Action, brings at request Co. Supt....2<40 
Assists Co. Supt., enforcing laws-2740 

County Auditor — 

Calls convention to elect Co. Supt. -1072 
certifies interest on school funds..2809 
Certifies qualifications of Co. Supt. .2809 
Deducts tuition from apportion- 
ment 

Member Co. Board Education 2831 

Notifies president of apportionment.2808 
changes in subdistrict 

2801 



Records 

boundaries 
Secretary of Co. Board of Eduea 



tion 



_2833 



Secretary of County Convention— 1072 
Semi-annual apportionment, makes-2808 
Statement of Co. Supt., filed with.-2742 

County High School — 

Any county may establish.. ...2728 

Abolish, how 2733 

Apportionment Of students to 2732 

Board of Supervisors submits ques- 

2728 



tion 

Building not to exceed amount 

voted 



2730 



174 



SCHOOL LAWS OF IOWA 



C— Continued 



Outlay on, submitted to voters 2730 

President of trustees is Oo. Supt.— 2728 

Petition and election to abolish 2733 

Rules and regulations made for 2732 

Students of, may be expelled 2732 

Students, other counties, admitted-2732 
Secretary and treasurer appointed-. 2729 

Tax not to exceed one mill 2730 

Tax levied and collected 2730 

Tax paid to treasurer of 2730 

Tobacco prohibited in 2732 

Treasurer gives bond 2729 

Trustees appointed by Board Super- 
visors 2728 

Trustees, when and how elected 2729 

Trustees, oath and bond of 2729 

Trustees, terms of o/ffice of 2729 

Trustees, make contracts for 2731 

Trustees employ teachers 2731 

Trustees' provide payment of sal- 
aries 2731 

Trustees report annually 2731 

Trustees, compensation of 2731 

Trustees, select site without eix- 

pense 2730 

Tuition free tO' county residents: 2733 

Vacancies in Board, how filled 2729 

Votes for and against, canvassed--2728 

County Superintendent — 

Adoption oif text-books consulted 



-2828 



Appeal from decisions ot 2820 

Appeal, hears testimony 2819 

Appeal, notifies parties of hearing_28!19 

Appeal, receives affidavit of 2818 

Appeal, notifies parties of bearing---2S19 
Appeal, hears testimony and decides-2819 

Annual report from secretary 2765 

Annual report from treasurer 2769 

Assessment in condemnation, notice 

to oiwner 2815 

Attendance, may concur regarding. -2803 
Authorizes Board to shorten school 

time 2773 

Books, reports list and prices' 2833i 

Certificates, revokes for cause 2734-u 

Chairman Co. Board of Education--2833 

Compulsory school law, enforces 2823-f 

Condemnation, appoints referees 2815 

County uniformity, receives peti- 
tion 2831 

Costs of appeal, files transcript of-.2821 
County attorney, may ask assist- 
ance of 2740 

Compensation, shall receive 2742 

Convention, receives expenses: for at- 
tending 2742 

Oommunications, shall transmit 27S4-b 

Deputy may appoint 2734-b 



Dealer in text-books, prohibited 2834 

Duties 273i-b 

Electioin of page 155, 10T2 

Enumeration, file with County Au- 
ditor 2739 

Examination fee, disposal of 2734-p 

Examination, collects fee for 2734-p 

Examinations for certificates 2734-0 

Examinations, special, may request-2734-s 
Examinations' for certificates o'f 

graduations, conducts 2684-b0 

Examination, special, shaH con- 
duct 27S4-S 

Examinations, shall keep record of--2734-f 
Kindergarten certificate, may grant-2777 

Member Co. Board of Education 28S1 

Member trustees Co. High SchooL-2728 

Normal Institute, shall hold 2738 

Qualification of 2734-b 

Qualifications of. certified by Co. 

Auditor 2809 

Report annually to State Superin- 
tendent 2739 

Report to institutions 2739 

Report, failure to make, penalty-. .2741 
Report of address of district of- 
ficers, receives: 27661 

Restoration of territory, concurs in-2792 
Referees, to condemn site, appointS'--2815 

Reports to Board of Supervisors 2738 

School laws, shall distribute-26a7-e, 282i5-j 

Sex, may be of either 2734-b 

Schools, shall visit, annually 2734-b 

Samples of text-books, custodian 

of 2830 

Subpoena®, power to issue 2821 

School laws, shall enforce 2740 

Statement traveling expenses, shall 

file 2734-b 

Statement office expenses, shall file.2742 

Summer school, may conduct 2738 

SchooUiouse, approves plans for 27T9 

Shade trees, notifies Board regard- 
ing 2787 

School township, notice O'f meet- 
ing in 2790 

Term of 2734-b 

Territory, attaches to another dis- 
trict — : 2791 

lYanscript, notifies secretary toi 

file 2819 

Vacancy 2734-bl 

County Treasurer- 
Apportionment due. pays 2808 

Institute fund receives 2738 

Pays account, debtor to creditor 

corporation 273S-al 

Referees deposit amount with 2815 

Subdistrict boundaries, records 
changes 2801 



SCHOOL LAWS OF IOWA 



175 



C-D 



Tax to Co. High School, pays 2730 

Taxes collected, gives notice of 2810 

Taxes, pays to district treasurer 2810 

Taxes for each subdistrict separate 2810 

Course of Study — 

Accredited High Schools in 263i-bl 

Approved by State Superintendent— 2770 

Persons taking, reported 2631-e 

Prescribed by Board 2772 

Deaf and Dumb- 
Number of, of school age, reported 2739 
School age, reported by secretary. .2769 

Decision — 

Board, by, appealed from 2818 

Co. Supt., of, final, when 2819 

Important published in School 

Laws 2624 

State Superintendent, by, in ap- 
peal 2827-C7 

State Superintendent, final 2820 

Depositories- 
Chosen by Co. Board of Educa- 
tion 2832 

Deputy- 
County Superintendent, of 2731-b 

State Superintendent, of 2627-g 

Diploma; see Certificate or Diploma. 

Directory — Independent Districts- 
Contracts, may make certain 2785 

Duty, penalty for neglect of 2S22 

Holds until successor qualifies 2758 

Number in independent disttrict 2754 

Oath, any member may administer. .2758 

Oath, shall take 2758 

Qualifies, when 2758 

Sex, may be of either 2748 

Surrenders office to successor 2770 

Term of, in independent districts. .2745 

Tie vote for, decided by lot 2754 

Vacancy, filled by appointment 2758 

Director — School To-wnship — 

Authorized to contract for fuel 27&> 

Authorized, employ teacher in sub- 
district 2778 

Children, school age, prepares list 
of 2785 

Children school age, reports list 2785 



Compulsory attendance law, must 
enforce 2823^f 

Elected for new subdistrict 2801 

Elected in subdistrict 2751 

Industrial exposition, may have... 2786 

Number in school township 2752; 

Sex, may be of either 2748 

Subdistrict, chosen for one year 2745 

Subdistrict meeting, gives notice of 2751 

Dismissal — 

Joining secret fraternity 2782-c 

Scholar, ot 2782, 2782-c 

Teacher, of 2782 

Distribution — 

School laws 282S-J 

District; see School District. 

District Court — 

Appeal to from referees, assess- 
ment 2815 

District Treasurer; see Treasurer. 

Division^ 

Assets and liabilities of 2802 

Assets and liabilities consolidated 

district 2794-af 

Election precincts. Into 2755 

Tndfipendent districts, of 2T98 

School township into subdistrictS--2801 
Wards for attendance 2773 

Domestic Science — 

Aid for teaching, two-room build- 
ing 2794-b 

Aid for teaching, three-room build- 
ing 2794-c 

Aid for teaching, four-room build- 
ing 2794-d 

Examination in, required 2775-a 

Extent of instruction in, prescribed-2775-a 

Taught in Normal Training High 
School course ^...2775-a 

Teaching oif, required in public 

schools 2775-bl 

Doors — 

Entrance and exit to open out- 
ward ..-4994-a9 

p. 13e 

Kept unlocked during school hours..2468-k 
Dwelling; see Residence. 



Education — 

Constitutional provisions for p. 158 

Distribution of funds, method of-.p. 158 
Fines, how applied p. 158 

School fond and lands, control.. p. 158 

Educational Examiners; see Board 



Educational Examiners. 

Election^ 

Board for new district, to choose. -2793 

Boards to act imtil next, when 2802 

Candidates In independent district, 
how nominated 2754 



176 



SCHOOL LAWS OF IOWA 



E - Continued 



Consolidated districts, to form 2794-aa 

County Superintendent, of 1072 

County uniformity, to vote on 2831 

Director of subdistrict 2751 

Director in independent district 2754 

Dissolution of consolidated inde- 
pendent district 2794-af 

Districts, in all 2746 

Free text-books, to vote on 2836 

Increasing indebtedness, for 2820^d2 

Independent district to subdivide— 2798 

Independent districts, to unite 2799 

Notice of 2763, 2820-d3 

Officers of Board 2757 

Precincts in districts 2755 

Proposition for consolidated inde- 
pendent district 2794-aa 

Qualification of voters of 2747 

Rural independent districts, to 

unite 2860 

Rural independent districts, to 

form 2797 

School districts to form ind 2794 

Treasurer, by voters 2754 

Treasurer, when elected by voters--2751 

Trustees Co. High School 2779 

Vote bonds 2812-d, 2820-d3 to 2820-d5 

Vote UDon establishing Co. High 

School : 2728 

Vote upon abolishing Co. High 
School 2733 

Election Precincis — 

Compensation of registrars 2755 

Conduct of elections in 2756 

Districts of 5,000 or more 2755 

Register of voters in -_2755 

Registrars in 2755 

Electors; see Voters. 

Elements of Vojcal Music — 

Instruction in, authorized 2823-s 

Normal institutes, taught in 2823-t 

EliKibility for Office — 

County Superintendent 2734-b 

Co. Supt. of either sex 2734-b 

Secretary, teacher ineligible as 2757 

Secretary and treasurer, not mem- 
bers 2757 

Sex, may be of either _ .^748 

Qualified voter, if a man 2748 

Woman, member Board Educational 
Examiners 2628 

Enaploye — 

Teacher ineligible as secretary 2757 

English LaiisuaKe — 

All instruction given in 2749 



Enumeration — 

Children seven to sixteen 2823-i 

Register of, kept by secretary 2764 

Reported to auditor of state 2627-ca 

Reported to Co. Supt 2765 

Subdistrict prepared by director 2785 

Escapes; see Fire Escape 
Examination — 

County certificates 

2734-c to 2734-e, 2734-j to 2734-t 

Co. Supt. conducts in accredited 

High School 2634-b6 

Fee for 2631, 2734-p 

Fee for in accredited High Schools. -2634-b6 
Graduation from accredited High 

School 2634-b5 

Kindergarten methods, upon 2777 

Record of 2734-f 

State certificate or diploma 2629 

Examiners; see Board Educational 
Examiners. 

Exemptions^ 

Classes of property not to be 

taxed Sec. 1304, p. 155 

Property of school district 

Sec. 1304, p. 155 

School bonds Sec. 1304, p. 155 

Exits — 

Unlocked during school hours 2468-k 

Expenses — 

Account of, kept by secretary 2761 

Assistant in conducting examina- 
tion 2634-a 

Condemnation of school site 2815 

Contingent average proportion of— 2803 

Costs of appeal, as 2821 

Counsel in suits 2759 

County Superintendent 2734-b, 2742 

Estimate of, published in detail 2781 

Member Board of Educational Ex- 
aminers necessary 2634-a 

Readers of papers and clerks 2734-n 

State Superintendent, traveling 2627-h 

Statement of, made by treasurer 2769 

Statement of, at annual meeting 2780 

Statement of. independent districts, 

published 2781 

Tuition for scholar's attendance 2803 

Exposition; see Industrial Exposi- 
tion. 

Expulsion of Scholar — 

Joining secret fraternities in school-2782-n 

Majority vote of Board —2782 

Readmit scholars 2782 

Teachers may not 2782 

Extending! Corporations — 

Effects of 2793-a 



SCHOOL LAWS OF IOWA 



177 



Families — 

Heads of. list prepared 2785 

Farm; see Park Life. 

Fee — 

Certificate, application for 2734-p 

Contingent, at Normal School 2676 

Examination in Accredited High 

School 2634-b6 

Life, validation for 2734-hl 

Paid into state treasury 2631 

Refusal to pay tuition, how col- 
lected 2733-al 

State certificate 2631 

State diploma 2631 

Transmitted to county treasurer 2738 

Transportation of children 2774 

Tuition in High School 2733-al 

Tuition at Normal School 2676 

Tuition, attendance in another 

district 2774 

Tuition for attendance 280S 

Witness, on appeal 2821 

Feeble Minded — 

Reported by County Superinten- 
dent 2739 

Reported to Co. Supt 2765 

Fences — 

Barbed wire not used for 2817 

Fields, where sites adjoin 2745-a, 2745-b 

Provided for school-house sites 2773 

Fidelity Companies; see Surety 

Companies. 
Finance Committee — 

Appointed by State Board Educa- 
tion 2682-h 

Chairman and secretary of, desig- 
nated 2682-h 

Office at educational institutions-. 2682-k 

Term of office of member of 2682-h 

Financial Statement — 

Board to voters, regular meeting.. _2780 
Published in independent districts. .2781 

Treasurer makes to Board 2769 

Fines; see Penalty. 
Fire Drill — 

Neglect to hold, penalty for 2468-k 

Teacher shall hold once a month 246&-k 

Fire-escape — 

Buildings classified for 4999-a7 

Buildings of three or more stories 

equipped with 4999-a6 

Classes of, to be used 4999-a9 

Fires — 

Bulletin upon, by state fire mar- 
shal 2468-k 

Instruction as to causes of, re- 
quired 2468-k 

Instruction in, penalty for failure.. .246S-k 
12 



Flasr — 

Displayed over building every day..2804»a 
Duty of Board to provide for 

school 2804-a 

Flagstaff for. Board shall provide.. 2804-a 

On all public buildings 2804-c 

Services for raising, each day, 

teacher shall provide 2804-b 

Forfeit — 

Barbed wire, violation of statute.. 2817 
Bond, breach of by secretary or 

treasurer 2760 

Compensation of teacher without 

certificate 2788 

Co. Supt., failure to report 2741 

Duty, failure officer to perform 2822 

Te.xt-books, refusal to furnish 2827 

Formation of Indeitendent Dis- 
trict — 

Consolidated district 2794-aa 

Including city, town or village 2794 

Subdistriets of school township, 

from 2797 

Subdividing independent districts, 
by 2798 

Uniting independent districts by 2799 

Forms; see Index to Forms 
Fraternities; see Secret Fraternities. 
Free Tuition, see Tuition. 

Fuel — 

Contingent fund, bought with 2768 

Suhdistrict director may contract 
for 2785 

Funds — 

Apparatus bought with contin- 
gent 2783 

Board estimates teacher's and con- 
tingent 2806 

Contingent not to exceed $10 a 

scholar _ 2806 

Contingent, $75 for each school 2806 

Definition of 2768 

General fund in consolidated dis- 
tricts not to exceed $6!} per pupil.2794-a 

Insurance paid with contingent 2783 

Order must specify 2768 

Permanent, interest on, appor- 
tioned 2808 

Secretary keeps separate account 2761 

Secretary certifies amount for 2767 

Secretary certifies tax for 2767 

Teacher's, $270 for each school 2806 

Teacher's, not to exceed $30 2806 

Text-books, free, provided from 

contingent .2783 

Transportation, not to exceed $5 2806 

Treasurers' annual report must 
show separate 2769 



SCHOOL LAWS OF IOWA 



Garden — 

Site, may not be condemned 281i 

Tract for sebool may be purchased 2823-u7 

Governor^ 

Appoiintts two members Board Edu- 
cational Examiners 2628 

Reports to, made by State Super- 
intendent 2627-C8 

Graded or Union Schools — 

Established by any Board 2770 

State Supt. approves course of 
study 2776 



H 



Hish School — 

Certificate of admission to signed.. 2733-al 
Certificate of admission to, conr 

tains what 2733-al 

Pupils outside home district, attend 2733-al 

l\iition in 2733-al 

Tuition fee in. how paid 2733-al 

Tuition fee in, refusal to pay 2733-al 



Improvements — 

Appropriations for, by St. Board 

of Education 2682-u 

Tax to pay for, tevied 2813 

Vialue of, repaid upon reversion 2816 

Incumbent — 

Director is, until successor quali- 
fies 2758 

Treasurer, term of expires 2754-2757 

Treasurer, until successor qua]ifies-.2754 

Indebtedness — •, 

Authorized in certain districts 2820-dl 

Bonds issued to pay judgment 2812-b 

Books, Board should not contract..2825 

Divisioin assets and liabilities 2802 

Judgment, shall be paid 2811 

Limit of 1306-b, p. 151, 2820-dl 

Original voters must authorize 2823 

Tax to pay bonds or interest 2813 

Independent School District — 

Adopt books used in county uni- 
formity 2835 

Board of 2745 

Board of, publishes financial state- 
ment 2781 

Bonds or interest, tax to pay.. ^...2813 

Bonds, borrow money by issuing 2812-c 

Boundaries, change of 2793 

Corporate name 2744 

County imiformity, city not under 2835 

Directors in, number of 2754 

Formation of 2794-2794-aa 

Higher schools in 2770 



Graduation — 

Certificate of, from accredited High 

school 26S4-b7 

Certificate of, renewal 2634-b7 

Guardian.^ 

Name of, registered by secretary 2764 

Taxes paid by, deducted from tu- 
ition 2804 

Ward of, must attend school 2823-a 

Ward of, not required' to read 
Bible .2805 

HisrU^vays — 

Board authorized tO' obtain 2749 

Site for condemnation must be on.. 2S14i 

Tax for opening, voted 2749 

Tax tO' procure, voted 2750 

Holidays — 

Enumerated, notes 2773 

Teacher cannot claim, noifes 2782 

Kindergarten, Board may establish 2777 
Orgam'zation of 2795 

Index to forms — 

Indorsement — 

Unpaid orders by treasurer 2768 

Industrial Kxitosition^ 

Board may provide in each school-.2786 

Consists of what 2780 

Demonstrate articles exhibited at.-2780 

Held once a month, may be , 2780 

Ornamental work encoiuraged 2786 

Parents and friends invited to 2789 

Sub-district director may provide. ..2780 

Inspection-^ 

Appropriation for, and supervision..2634-b4 

Inspector — 

Salary of 2634-b4 

Institute Fund; see Teachers Nor- 
mal Institute. 

Institute; see Teachers Normal In- 
stitute. 

Insurance — 

Contingent fund used to pay 2783 

Interest — 

Bonds, may not exceed 5 per cent— 2812-e 

Paid on school funds 2768 

Bonds, provision made for 2767 

Noit paid on reversion of site 2810 

Permanent school fund, of 28C8 

Tax levied to pay on bonds 2813 

Unpaid orders, per cent on 2768 



SCHOOL LAWS OF IOWA 



179 



J_K— L 



Joint Districts — 

Natural obstacles, on account of--2791 
BestOiTation of portion of 2792 

Judges of Selection — 

Annual meeting, at, who are 2746 

Appointed by voiters, when 2746 

Boards act as, when 2750 

Organization of independent dis- 
trict 2794 

Organization of consolidated dis- 
trict 2794-aa 

Tie vote determined by .2754 

Votes canvassed by 2751 

Judgment- 
Board certifies amoimt to pay 2811 

Bonds issued to pay 2812-c 

Costs of trial entered by clerk of 

court, for 2821 

Money, not given by county or 

State Supt. ^^„2820 

Paid from proper fund 2811 

Tax to pay, voted by voters 2811 

Jurisdiction^ 

EXcltisive, by. district, over terri- 
tory 2743 

Powers of, apply to all districts 2823 

Kindergarten-^ 

Certificate, teacher in must hold 2777 

Established in any independent dis- 
trict 2777 

Land- 
Condemnation of for site 2814 

Language — 

English, schools, must be taught in_2749 



Foreign as branch taught, deter- 
mined 2749 

Special COTtificate for 27^ 

Levy o£ Taxes; see Taxes. 

Liabilities; see Assets and Liabil- 
ities. 

Libraries^ 

. Board may contract for use of city 280e 

Books for, how purchased 2823-0 

Books, contingent fund used for 2783 

Corporation relieved from require- 
ments of 2823^n, 2806 

Funds for, how set apart 2823-n 

Librarian for, how selected 2823-r 

List of books for, prepared 2S23-p 

Number volumes in, reported 2765 

Records of, hoiw kept 2823-q 

Tax voted at annual meeting 2749 

Tax for use of. not exceeding one 

mill 2806 

Tax certified annually by Board.. .2806 

Limit — 

Bonds, to run 20 years only 2812-e 

Contingent fund not exceed $1.50 2825 

County school tax, of 2807 

Fifteen mills at subdistrict meet- 
ing 2758 

Indebtedness, of, 1306-b, page 151--2830Ldl 
Judgment, available funds only, to 

pay 2811 

School room, $25 annually for each.27S3 

Site for schoolhouse, one acre 2814 

Tax, pay bonds or money bor- 
rowed 2813 

Taxes, of 2806 

Ten mills at annual meeting 2749 



M 



Majority Vote — 

Adoption of coimty uniformity 2832 

Authorizing displacement of text- 
books 2832 

Authoirizing free text-books 2837 

Board majority a quorum 2771 

Director subdistrict, not required 
for 2751 

Dissolution of consolidated inde- 
pendent district 2794-af 

Formation of consolidated' inde- 
pendent district , 2794-aa 

Organization of consolidated dis- 
tricts 2794-aa, 2820-f 

Remotval of members of finance com- 
mittee .2'682-h 

Required tO' organize independent 
districts 2794 

Rural independent districts changed 



to subdistricts 280O 

Scholar, required to expel 2782 

Subdistricts changed to rural inde^ 

pendent districts 2797 

Subdistrict boundaries, changing--2801 
Subdivision, less than two sections 2798 
Teacher, Board required to dis'- 

charge 2783 

Uniting independent districts 2799 

Manual Training — 

Aid in teaching three-room build- 
ing 2794-c 

Aid for teaching four-room build- 
• ing 279il-d 

Examination in, required 2775^a 

Extent of instruction in, pre- 
scribed 2775-a 

Taught in Normal Training High 



ISO 



SCHOOL LAWS OF IOWA 



M — Continued 



School course 2775-a 

Teaching of required in pubhc 
schools -2773-bl 

Maps— 

Purchased with contingent fund 2783 

Bleeting- of Directors^ 

Held, where ...2737 

Officers, to elect 2757 

Regular, when held 2757 

School taxes, to estimate 2806 

Special, how called 2757 

Menilier of Board; see Board of Di- 
rectors. 

Minimum Wage- 
Based on certificate grade 2778-a 

Contracts for less than, prohibited— 2778-c 



Name- 
School district of 2744 

Narcotics; see Alcoholic Drinks. 

Nes'lcct of Duty — 

Action on bond of publisher for 2827 

Board makes regulations concern- 
ing 2772 

Bond of secretary or treasurer, 

breach of ..2760 

Penalty for 2822 

Penalty for, regarding barbed wire.2817 
School officer, regarding text-bookS-2834 
Teacher may be discharged for 2782 

Newspaper — 

Annual meeting, notice of publish- 
ed 2755 

Advertisement in, for bids to build.2799 
Financial statement, published in. ..2781 
Text-books, notice of purchase, 
published 2828 

Nominations — 

Candidates file petition for 2754 

Ballots, names printed on 2754 

Directions printed on ballot for 2754 

Names filed with Secretary 2754 

Petition for, signed by at least ten 

electors 2754 

Petition filed, when 2754 

Non-residents — 

Attendance of, contracted by 

Board 2774 

Attendance by agreement of Boards.2803 
Attendance, Co. Supt. and Board 
concur 2803 



Credit of three points 
mating for attending 



in esti 
training 

school 2778-b 

First grade certificate, for 2778-a 

Penalty for violating provisions 2778-d 

Second grade certificate, for 2778-a 

Third grade certificate, for 2778-a 

Hisdenieanor — 

Barbed wire, violation of statute 

on 2817 

Bond of secretary or treasurer 

breach 2760 

Co. Supt., failure to make report_.2741 

Duty, willful failure to perform 2822 

School officer, dealer in text-books.28S4 

3Ioney; see Funds. 

Music- 
Elements of vocal, required 2823-s 

Normal dnstitute, must be taught.. .2823-t 



N 



Attendance, Board determines term 
of I 2804 



Nonuser of Site^ 

Reverts to owner in two years 

Normal Institute; 
Normal Institute. 



2816 
see Teacliers' 



Normal School; see State Teachers 
College. 

Normal Training- in High Schools; 
see Approved High School. 

Notice — 

Appeal from assessment 2815 

Appeal, of hearing of 2819 

Appeal to State Superintendent 2820 

Apportionment due, to president.. .2808 

Board of directors, to elect 2795 

Board, special meeting of 2757 

Bonds, meeting to vote 2812-d 

Bonds to owner 2812-f 

Bonds, meeting to vote excess per 

cent 2820-c 

Consolidated district, formation of.2794-aa 

County uniformity, election on 2831 

Election precinct in each 2755 

Election to organize consolidated 

district 2794-aa 

Election to dissolve consolidated dis- 
trict 2794-af 

Free text-books, voting upon 2836 

Independent district, for formation 

of 2794 

Independent district, vote to change 

subdistricts to 2797 

Independent district, subdivision of.2798 



SCHOOL LAWS OF IOWA 



ISl 



N — Continued 



Independent districts, uniting 2799 

New school township, first meeting.2790 
Receipts and disbursements of inde- 
pendent districts 2781 

Rural independent districts, uniting-2800 

Secretary to file transcript 2819 

Site condemned, to owner of 2815 



Oath — 

Consists of what 2758 

Member of Board may administer. .2758 

Referees to condemn site 2815 

Secretary and treasurer of 2760 

Office, see Qualilication for Office. 

Official Bonds; see Bonds. 

Opinions^ 

State superintendent shall render... 2627-c7 

Orchard — 

Cannot condemn for site 2814 

Orders- 
Drawn when claim audited 2780 

Fund drawn on, must state 2768 

Interest on. after indorsement 2768 

Judgment, to pay 2811 

Part payment of, made 2768 

Secretary shall draw 2762 

Secretary countersign and register-.2762 

Treasurer shall register 2768 

Treasurer shall pay 2768 

Organization — 

Annual meeting 2746 

Board of directors 2757 



o 



Special meeting, by secretary 2763 

Subdistrict meeting, special ^..2753 

Subdistrict meeting 2751 

Taxes due, to president 2810 

Text-books, to accept bids for 2828 

Teacher, to, before trial 2782 

Voters, special meetings of 2763 



Consolidated Independent District 

completed, when 2794-aa 

County Board of Education 2833 

Independent district, how 2795 

Independent district, when 2796 

Independent districts, from sub-dis- 
tricts 2797 

Independent districts, by uniting 

others 2799 

New subdistrict 2801 

New school township 2790 

Rural independent districts from 

subdistricts 2797 

School Board in consolidated inde- 
pendent district 2794-aa 

School township from rural indepen- 
dent districts 280O 

Secret Fraternities in schools pro- 
hibited 2782-a 

State Board of Education of __2682-f 

Subdistrict meeting 2751 



Land taken by condemnation 2815 

Site not within 30 rods of ..2814 

Site, secures upon reversion 2816 



Parent^ 

Bible, child not read against wishes.2805 
Heads of families, list of 2785 

Must have child attend schooL..: 2823-a 

Names of, registered by secretary —2764 
School taxes paid by, deducted 2804 

Park — 

Site, may not be condemned for 2814 

Park Life — 

Board may acquire land for school 
garden or farm 2823-u7 

Buildings on school farm. 2823-U7 

Subjects for study and recreation.. .2823-u7 
Vocational lines enumerated 2823-u7 

Penalty — 

Applied to use of schools 2822 

Bond, secretary and treasurer. 

Board fixes 2760 

Compulsory law, failure to enforce.2823-f 



Co. Supt., failure to report 2741 

Failure to perform duty 2822 

Failure to send child to school 2823-a 

Violation of transportation rules--2794-ag 
Violation of provisions of advertise- 
ment law 5028-t 

p. 151 

Pending- Litigation — 

Limit of indebtedness shall not 
affect 2820-dl 

Petition- 
Consolidated independent district, 

organization of 2794-aa 

Consolidated independent district, 

dissolution of 2794-af 

County High School to establish 2728 

County High School, to abolish 2733 

County uniformity of text-books.. .2831 
Formation of independent districts-2794 



182 



SCHOOL LAWS OF IOWA 



P — Continued 



Formation of consolidated districts 2794-aa 
Formation rural independent dis- 
tricts from subdistricts 2797 

Indebtedness, increasing limit of 2820-dl 

Eural independent districts changed 

to subdistrict :...-28O0 

Uniting independent districts 2799 

Physiology and Hygieue — 

Completed before scholar advances 2775 
Co. Supt. reports' how law observed 2739 

Co. Supt. should enforce law 2740 

Normal school, must teach in. 2677 

Studied by every scholar, must be— 2775 
Taught in all schools, must be 2775 

Place — 

Annual meeting given in notice 2751 

Appeal, persons notified where 

heard ..-2819 

Board Educational Examiners , 

meets where 2629 

Ctounty High School, petition names 2728 
County High School site in petition 2730 

Examinations at county seat 2734-c 

Meeting of Board, in civil township 2757 

Notice, posted where 2768-b, 2763-c 

Notice states place of meet- 
ing 2763-b, 2763^c 

Secretary posts notices in 

five 276S-b, 2763-c 

Special meeting of Board in notice.--2757 
Subdistrict mieeting of Board, In 

notice 2751 

Teacher's normal institute, deter- 
mined 2627-clO 

Plat — 

Copy of, delivered to coimty treas- 
urer and auditor 2891 

Description of, in records 2801 

Recorded, shaU be ^01 

Subdistricts of, made by secretary 28'01 

Play Grounds — 

Annual levy for 2823-u4 

Appropriatioin by city 2823-u6 

Authorized in cities of first or sec- 
ond class 282S-U 

Board authorized to establish 2823-u 

Board co-operates with city com- 

missioners for 2823^-u 

Ddscontinuance of levy 2823-u5 

Limit of tax for 2823-u2 

Petition for levying tax for 2823'-ul 

Petition for discontinuance of 2823-u5 

Submission of question of discon- 
tinuance 282»-u5 

Submission to vote for, when 2823-ul 

Taxes for, certified to Board of 

Supervisors 282a-u2 

Treasurer, moneys raised, paid tO'--2823-u3 



Poisons; see Alcoholic Drinks. 

Poll Book — 

Precinct, provided' to each 2756 

Record, secretary shall keep fulL— 2761 

Poll — 

Election precincts, open 9 a. m. to 
7 p. m. 2756 

Districts under 5,0O0i opens at 1 p. 

m. _ 2754 

Independent districts under 5,000 

open 5 hours 2754 

Rural, independent districts, open 2 

hours 2754 

School townships, open 2 hours 2754 

Subdistricts, open at least 2 hoi]rs--2754 

Postage— 

Countv SuDerintendent. for use of- -2742 
Party aggrieved, pays oin appeal— 2820 

Posting of Notices; see Notices. 

Precincts; see Election Precincts. 

President— 

Appoirtionment, receives notice of- -2808 

Bonds, signs district 2812-e 

Bonds, brings action for breach 2760 

Bonds of secretary and treasurer, 

filed with --2760 

Bonds of bank filed with 2768 

Compulsory attendance law must en- 
force 2823-f 

Contract made by sub-director, ap- 
proves 2785 

Contract with teacher, signa 2778 

Contracts, all signed by 2759 

Ootunty treasurer, draws draft on-2810 
Drafts on County Treasurer, signs 
aU 2759 

Duties of 2759 

Educational institutions, for 2682-f 

Elected from Board by ballot 2757 

Judge of election, acts as 2746 

Meetings of Board, presides at 2759 

Oath, any member may administer 2758 

Special meeting of Board, calls 2757 

State Board of Education, of 2<382-f 

Suits, appear for district in 2759 

Temporary, appointed 2772 

Tuition certifies account for 2803 

Vacancy filled by appointment 2758 

Principal- 
Flag, services for raising 2804-b 

Property — 

Care of, rules for, by Board 2772 

Disposed of at annual meeting 2749 

Disposed of at special meeting, 

when 2750 

District, levy on, to pay judgment 2811 



SCHOOL LAWS OF IOWA 



P-Q 

Insured, may be 2783 

Sclioolhousc, fenced by Board -2773 

Subdistrict, levy on 2810 

Tax, not exceed 5 mills, pay b«nds.2813 
Value of, reported by secretary 27165 

Proposal to Build — 

Exceeding ?30O, must advertise 2779 

Publication; see Newspaper. 
Pupil; see Scholar. 

Qualifioation for Office — 

County High School, secretary and 

treasurer 2729 

County High School, trustees of— -2729 
Deputy Stat€ Superintendent, of— 2627-g 



Rate of Taxation; see Taxes. 

Receipts and Expenditures — 

Normal institute fund, published.— 2738 
Statement of, to annual meetang-2780 
Statement published two weeks 2781 

Record- 
Books purchased for school librar- 
ies 2g2S-q 

Board Edueatiom Examiners, by 2633 

Bonds sold, of persons to whom 2812-1 

Costs of appeal filed 2821 

County Board of Education, pro- 
ceedings 2833 

Daily, kept by teacher 2789 

Election in precincts 2755 

Enumeration, by director of subdis- 
trict —2785 

Examination of teachers 2736 

Persons of school age 2704 

Report of referees 2815 

Receipts and expenditures, by treas- 
urer 2768 

Subdistrict boundaries changed 

how -2?01 

Subdistrict boundaries, changes 28m 

Secretary keeps complete 2761 

State Superintendent, by 2627-d 

Territory attached, made on plat--2791 

Transcript of an appeal 2819 

Trustees County High School 2729 

Vote for officers of Board 2757 

Votes at annual meeting 2761 

Referees — 

Assess damages on condemnation. -?8a5 

Assessment, cost paid by district 2815 

Appeal from assessment, made 2815 

Oath of -...2815 

Report in writing 2815 

Report filed with County Superin- 
tendent 2815 



Directors —2758 

Directors of new independent dis- 
trict 2795 

Member or officer, appointed 2771 

Members State Board of Education 21682-c 

President of Board 2738 

Time for, for secretary and treas- 
urer 2760 

Qualification of Sureties; see Sure- 
ties. 

Questions to Voted On; see Propo- 
sitions Submitted. 

Quorum — 

Majority of Board constitute 2771 

Register — 

Bonds with County Auditor 2812-e 

Bonds, persons tO' whom sold 2812-f 

Persons of school age 2''64 

Teacher must keep 2783 

Teacher files with secretary 2789 

Voters in election precincts 2755 

Repristrars — 

Appointed in election precincts 2755 

Qualification, duties and compensa- 
tion 2755 

Registration of certificates 2731-q 

Re^strations of Voters; see Reg- 
ister. 

ReneTval — 

Average standing required for 2f;3J-hl 

Pee for 2634-hl, 2734-i 

First grade certificate of 2734-g 

For life 2631-hl 

High School certificate 2631-b7 

Professional study required 

2734-g to 2734-i 

Second grade certificate, for 2734-h 

Successful experience, proof of, for 

2734-g to 273i-h 

Term of 27S4-g to 2734-i 

Thirty-six weeks' successful teach- 
ing 2734-g 

Third grade, one renewal 2734-i 

Reports — 

Board Educational Examiners 2B33 

County Superintendent, annually 2739 

County Superintendent, blind, deaf 

and dumb, etc. 2739 

County Superintendent, to be pub- 
lished 2738 

Director of subdistriets, to secret 

tary - -2-^5 

Interest on permanent school fund. .2809 



184 



SCHOOL LAWS OF IOWA 



R — Continued 



Officers, name and postoffiee .-2766 

Secretary to make, annually 2765 

State Board of Educational institu- 
tions 2682-u 

State Superintendent to State Audi- 
tor 2627-C8 

State Superintendent — .2627-c8 

Trustees, County High School 2731 

Treasurer makes annually .2769 

Truants, concerning, by officers 2823-g 

Residence- 
Board, officer or member of 2748 

Scholars from another district, at- 
tend 2803 

Scholars, not in district, admitted- .2804 

School privileges, entitled to 2773 

Schoolhouse 30 rods from owners 2814 

Students in Coimty High School 2732 

Students in Normal School- -2676 

Voter at school meeting 2747 

Reversion— 

Schoolhouse site to owner .2816 

Revocation — 

Certificate, of 2631, 2734-u 

Rigrht to Vote; see Voters. 

Roads; see Highways. 

Room — 

Contingent fund, $25 annually for 

each 2783 

Examination, provided for 2734-e 

Kindergarten established, indepen- 
dent districts 2777 



Rented for 10 or more children 2774 

Tuition, based on, which child at- 
tends 2803 

Rules and Regulations- 
Board aids teacher to enforce 2782 

Board makes concerning secret fra- 
ternities 2782-a 

Board of directors shall make 2772 

County board of education .--2832 

County High School, principal 

makes 2732 

Director of subdistricts, govern- 
ment 2785 

Free text-books, to govern use of-.2837 

Officers and others, for 2772 

Sale of books and supplies 2824 

Scholar expelled for violation of 2782 

Schoolhouse and other property, 

care 2772 

State Board of Education makes 2682-f 

Transportation rules, violation of--2794-ag 

Rural Indeiiendcnt Districts — 

Annual meeting 2746 

Boundaries, change in same town- 
ship 2793 

Corporate name .2744 

Changed to school township 2800 

Directors, members of 2754 

Formation of 2793 

Polls open at 1 p. m 2754 

Subdivision of 2798 

Teacher, ineligible as secretary 275T 

Uniting of 2799 

Rushing — 

To join secret fraternity, penalty. -2782-d 



Salaries; see Compensation. 

Sale of Property — 

Directed by voters, regular meeting.2749 
Directed by voters, special meeting._2750 

Scholar — 

Apportionment based on number 2808 

Attend in another district, may 2803 

Board determines school shall at- 
tend 2773 

Books, responsible for damage to. .2837 

Books, may purchase at cost 2837 

Books loaned to 2783 

Dismiss, teacher may 2782 

Enumerated by subdirector 2785 

Explain articles at industrial expo- 
sition 2786 

Expel, Board may 2782 

Government of. Board makes rules.2772 



Instruction provided in another dis- 
trict 2774 

Indigent, supplied with books 2783 

Number enrolled with average at- 
tendance 2765 

Readmitted, may be 2782 

Register of all of school age 2764 

Report of deaf and dumb, blind, 

etc. '. 2765 

Register of, kept by teacher 2789 

School age of 2804 

Schoolhouse located for convenience 

of 2773 

Secret fraternity, shall not be 

member 2782-a 

Stimulants, instruction in effect 2775 

Ten or more, school provided for.. .2774 
Transportation of. Board may pay.2774 
Text-books loaned to 2837 



SCHOOL LAWS OF IOWA 



1S5 



S — Continued 



School — 

Age for attendance .280* 

Attendance in another district se- 
cured 2774 

Attendance in another district 2803 

Attendance of non-residents 28P4 

Begins, secretary notifies County 

Superintendent 2765 

Board determines, each child at- 
tends 2773 

Board excused from maintaining 2773 

Bible not excluded from ^ 2805 

Census of persons 7 to 16 included- -2823-i 
County Superintendent must visit---2734-b 
Course of study. Board prescribes-.2772 
Continues at least 24 weeks, annu- 
ally 2773 

County tax for 2807 

County uniformity, what districts, 

exempt .. 2835 

Corporations may accept bequests 

^740 p. 151 

Effects of stimulants, taught in... 2775 

Free tuition to all residents 2773 

Free text-books for 2837 

Fund and lands, how controlled 

p. 158, sec. 1 

Garden, tract purchased for 2823-u7 

Graded or union, established 2776 

Library books, etc.. for each '..2783 

Libraries, selected and managed 

2823-n, 2823-r 

Number of. Board determines 2773 

Period held, determined by Board. .2773 
Private, eligible as approved High 

School 2634-b2 

Room rented for 10 or more chil- 
dren 2774 

Scholar expelled from 2782 

Semi-annual apportionment 2808 

Secretary reports to County Super- 
intendent for each 2765 

Session, none in, during institute--2773 

Supervision of, person selected 2776 

Subdireetor cares for 2785 

Taxes for support of 2806 

Teacher, keeps register of 2789 

Teacher of, must hold valid certifi- 
cate 2788 

Transportation, Board may pay 2774 

Visiting, Board provides for 2782 

School Board; see Board of Direc- 
tors. 

School Bonds; see Bonds. 

School Books; see Text-books, 

School Directors; see Board of Di- 
rectors. 



School District — 

Annual meeting of 2746 

Arbitrators may be appointed 2802 

Assets and liabilities divided 2802 

Attendance from another dlstrict--.z803 
Apportionment to, by County Audi- 
tor 2808 

Barbed wire, not use for fence 2817 

Board, quorum of 2771 

Bonds of, not to be taxed--1304, p. 155 
Boundaries changed, Boards con- 
tinue 2802 

Corporate powers of each 2743 

Claims against, audited by Board. .2780 

Directors, meeting of 2757 

Directors, qualification of 2758 

Division of 2773 

Election of officers in 2757 

Higher schools, may maintain 2776 

Judgment, paid by 2811 

Law, provisions apply alike to all. .2723 

Name of 2744 

Officer of, qualifications of 2748 

President, duties of 2759 

Property of. not to be taxed 

1304. p. 155 

Secretary, compensation 2780 

Site for . 2773 

Secretary, duties of 2761-2767 

Subdivision of 2798 

Site, may take by condemnation_--2814 

Suit brought in name of 2759 

Tax to pay bonds or interest due.. 2813 

Taxes paid to 2810 

Taxes for, levy of 2807 

Taxes for school purposes, esti- 
mated 2806 

Territory restored 2792 

Territory attached, may have 2791 

Treasurer, duties of 2768-2769 

Uniting of 2799 

Vacsmcies in office, how filled 2758 

Voters in, special meeting of 2750 

Voters in, powers of 2749 

Vote in, right to 2747 

School Elections; see E^lection. 

Schools for Teachers' Training; see 
Approved Hlgrh Schools. 

School Grounds; see Site. 

Schoolhouse — 

Advertisement, Board must build 

by 2779 

Barbed wire, may not be used 2817 

Board shall provide in consolidated 

districts 2794-ae 

Care of by Board .2772 

Doors of class-rooms open outward 

4994-a9, P. 136 

Entrance and exit doors open out- 



186 



SCHOOL LAWS OF IOWA 



S — Continued 



ward 4994-39, P. 136 

Fenced by Board 2773-2745-a 

Gfeographical position coinsidered 

2'773-2794-ae 

Insured, may be 2783 

Levying tax lor. submitted to 

voters — .2794-ae 

Located in city limits of consoli- 
dated district, when 2794-ae 

Location of 2779i 

Location of when site condemned, _2814 
Notice of meetings posted cm door 2763 
Plans for, approved by Ctounty iStip- 

erintendent 2779 

Repairs 2779 

Sale of, voters may direct 27-19 

Site fixed by Board 2773 

S'Ubdistrict, director to look after..2785 
Tax tO' build, subdistrict may vote 2753 

Tax tO' build, special meeting 2750 

Tax to build, voters may vote 2749 

Use of. voters may direct 2749 

Watercloset® for, provided 2784 

Sehoolhouse Funil; see Funds. 



Sehoolhouse Si< 

Barbed wire, may not be used for.-28l7 

Block, may include in city 2814 

Fenced by Board 2773-2745-a 

Fencing of 2745-a-27J5-b 

Fixed by Board 2773 

Highway, must be on public 2S14-2Sil5 

Reversion of to owner 2816 

Shade trees on 2787 

School LaTvs — 

Amendments to, published 2627-e 

Amendments to, distributed 2S27-e 

Delivered ta successor 2770 

Publication of 2823-j, 2G27-e 

Successor, volume delivered to 2770 

School ]\[onth — 

Four weeks of five days each 2778 

School Oflficer; see Officer. 

School Orders; see Orders. 

School Taxes; see Taxes. 

School Teachers; see Teachers. 

School Township- 
Annual meeting 2746 

Board of 2745 

Corporate name 2744 

Directors, number of 2752 

Formed from rural independent dis- 
tricts — _. 28C0 

Newly formed 2790 

Polls open at 1 P. M 2754 

School house tax, apportionment 
of 2806 



Subdistricts, duties of director in_-2785 
Subdistricts, divided into 2801 

School W'arrants; see Orders. 

School W^eek — 

Five school days 2773 

Teacher, compensation of agreed 
to 2778 

School Year; see Year. 

Secretary — 

Annual election, acts as judge 2746 

Appeal files transcript of record 2819 

Ballot, cause to be printed 2754 

Bond, gives 2760 

Bctods, countersigns 2812-e 

Board trustees County High School 

of 2729 

Compensation fixed by Board— 2780 

Chosen outside of Board 2757 

Enumeration of subdistrict, records 27S9 

Elected by ballot 2757 

Expense, keeps accurate account 

of 2761 

Expenses, account of, audited 2761 

Files copies Oif reports 2761 

Fund, separate account with each— 2761 

Meetings, gives notice of all 2763 

Notice oi election, gives 2800 

Officers, reports name and post- 
office of 2766 

Oath, takes 2760 

Orders, keeps register of 2702 

Orders, draws 2762 

Qualifies within, ten daysi 2760 

Records, keeps complete 2761 

Records, votes 2757 

Report, files annually with County 

Superintendent 2765 

School age, registers persons of 2764 

School, reports each tO' County 

Superintendent 2765 

Secretary, teacher not eligible 2757 

Special schooUiouse tax, certifies 2753 

State Board of Education 2682-c 

Suits, appears when president is 

party 2759 

Subdistrict meeting, gives notice of-2751 
Subdistrict meeting, selected by vot- 
ers 2751 

Subdistricts, delivers copy of de- 
scription 2801 

Teacher or employe not eligible as 2757 

Teacher, files contract of 2778 

Temporary, appointed 2772 

Taxes, certifies 2767 

Vacancy in office of, filled by 

Board —2771 

Vote at annual meeting, records 2761 

Warrants and drafts, countersigns 2762 



SCHOOL LAWS OF IOWA 



187 



S— Continued 



Secret Frnteriiities — 

Board makes rules concerning' 2782-a 

Penalty for soliciting- to- join 2783-d 

Piipils not to joSn or organize 2782-a 

Scholars suspended for violating 
rules 2782-c 

Semi-AnnHal Apportionment — 

Library fund, amount withheld for 282S-n 

Made by County Auditor 2808 

Number persons, filed with County 

Auditor 2739 

Number persons reported to State 

Auditor 2e27-e8 

Teachers* fund, considered in esti- 
mating 2800 

Sex; see Women. 

Shade Trees; see Trees. 

Sites; (see Schoolhouse Site. 

Special Meetins — 

Board of ..275.7 

Board, by written request oif ma- 
jority 2757 

Bonds, to vote 28ri2-d-28:o-c 

Called by president, may be 2V57 

Consolidated district, to form 2794-aa 

Independent district, tO' form 2794 

Independent district, to sub-divide..279S 

Independent district, to unite 2799 

New township, to organize 2790 

Notice of 2757 

Notice for, form of 2763 

Property, to sell or vote tax 2750 

Rural independent district, to or- 

ganize' 2797 

Rural independent district, unite 

into school township 2800 

School taxes, to- estimate^, 2800 

State Board of Education, how 

called 2682-e 

Subdistrict boundaries, to change 2801 
Subdistrict, of 275S 

State Aid — 

Approved High Schools, $750 an- 
nually . 2631-b3 

Amount of, requested by State Sup- 
erintendent 26Sl'-b3 

Minimum dass of 10, to secure 26S4-b3 

Report for, filed with State Stjper- 
intendent 26S4-b3 

Warrant for, drawn on State Treas- 
ury 263l-b3 

State Auditor; see Auditor of 
State. 

State Board of Education — 

Board of Trustees and Regents, 



abolished 2682-g 

Consists of nine members 2682-c 

Elect officers for certain state in- 

stitutioms 2682:-f 

Finance committee, shall appoint, -2682-h 
Governs certain state institutions.. 2682-f 

Meets four times a year 2683-e 

Office for, at each educational in- 
stitution 2682-f 

Organization of, within ten days. -2682-f 

Powers and duties of 2i682-f 

Qualification of members of 2683-e 

Report to Governor and legislature 2?i82-u 

Report of, shall eomtain what 2682-u 

Rules and regulations, shall mak©-.2682i-f 

Secretary of, duties of 2682-h 

Special meetings o'f, on request 2682-e 

State Certificate; see Certificate 
and Diploma. 

State College of Agriculture and 

Mechanic Arts — 

Act of Congress relating to^ Page 161 

Course of study 2618 

Governed, how 2682-c 

Grant of land for Page 161 

Grant, acceptance of by state 2645 

Intoxicating liquors, sale prohibited 2'G73 
Ttiifcioln. and rules of admission 2649 

Statement — 

Expense of County Superintendent 2742 

Published in independent district 2781 

Receipts and expenditures at annual 
meeting 2780 

Treasurer, rendered by to Board 2769 

Tuition in High School of, certified.2733^al 

State Teachers College — 

Appropriation for 2682 

Effects of alcoholic stimulants 

taught in 26177 

Governed, how 2682^ 

Session of, continues how long 2670 

State Treasurer; see Treasurer of 
State. 

State ITniversity— 

Governed, how 2662-c 

Stationery — 

County Superintendent, for use of 2742 

Statistics; see Reports. 

Stimulants; see Alcoholic Drinks. 

Studies; see Course of Study. 
Subdistrict — 

Annual meeting, notice of 2751 

Annual meeting, powers of voters--2751 
Boundaries changed by Board 2801 



188 



SCHOOL LAWS OF IOWA 



S — Continued 



Boundaries, changes when effective-2801 

Created, may be 2801 

Description of, recorded in records— 2801 
Description of, copy of delivered. -_.2801 

Director prepares list of children 2785 

Director of, makes certain contract-2785 

Director of, qualifications for 2748 

Director for, term of office 2745 

Embracing entire school township. .2752 
Industrial exposition in, may be 

held 2786 

Plat of, to be made 2801 

Rural independent districts formed 

from 2800 

Schoolhouse tax levied on 2753 

Schoolhouse tax, vote certified 2753 

Special meeting to vote tax 2753 

Schoolhouse tax. notice of amount.2751 
School township subdivided into 2744 

Siil»<1istrict Meeting: — 

Held annually 2751 

Officers of 2751 

Special, to vote tax 2753 

Snbpoenns^ — 

Issued by County Superintendent.. .2821 

Siiceessor in OflFiee — 

Board Ed. Examiners, appointive 

member 2628 

Elected and qualified, director 

holds 2758 

State Superintendent turns matters 

over to 2627-d 



Suirrag-e — 

Who has right of 



...2747 



Suit — 

Against school officer as agent 2834 

Bond of publisher, on 2827 

Bond, in case of breach of 2760 

Board may employ counsel in 2759 

Brought in name of county 2822 

Co. Superintendent, to recover pen- 
alty from 2741 

District may sue and be sued.. .2743 

Duty, failure or refusal to perform_2822 
President appears for district in. ..2759 
Secretary appears in, when president 
a party 2759 

Summer School — 

Authorized by law 2738 

Bill for expenses, itemized 2738 

County Superintendent to conduct. .2738 

Fee for, paid to Institute Fund 2738 

Instructors in, how paid 2738 

List of attendants filed with County 

Auditor 2738 

Warrant for paying expenses of 2738 



Surer! nf en dent — 

Board may employ for three years--2778 
Executes orders and regulations of 

Board 2778 

Service, time of 2778 

Flag, services for raising 2804-b 

Superintendent of Pnlilfc In.stniction — 

Amendments, shall distribute 2624 

Annual report blanks, etc., shall re- 
quire 2627-f 

Appeal from County Supt., hears. .2820 

Appeal, determined, cases on 2627-c 

Appointment by Governor 2627-a 

Approves petition for consolidated 

district, when 2794-a 

Approves petition for dissolution of 

consolidated districts, when 2794-f 

Auditor of county reports to 2809 

Board Educational examiners,. presi- 
dent of 2628 

Cbrtificate of qualification of 

County Supt. , receives 2809 

Chief clerk, appoints .2627-g 

Classification of schools 2627-e 

Clerks for office furnished 2627-d 

Course of study in graded schools, 

approves 2776 

Days for special observance, litera- 
ture 2627-c 

Deputy, may appoint 2627-g 

Education, promotes interest in 2627-c 

Examinations, prepares questions 

for - 2627-c 

Expenses of traveling 2627-h 

General supervision of schools, has. .2627-c 

Inspection of schools 2627-c 

Inspectors of schools, appoints 2627-g 

Institutes, appoints time and place..2627-c 
Judgment for money, cannot give. .2820 

Oath Z627-b 

Officers and teachers reports, 

forms 2627-c 

Plans and specifications for build- 
ings 2627-e 

Qualifications of 2627-b 

Questions for examination, pre- 
pares 2627-0 

Recommendations of improvements, 

makes 2627-e 

Record of business, keens 2627-d 

Reports — 

Annually to auditor of state 2627-c 

Biennially to Governor 2627-c 

From all officers of funds or 

school property, blanks for.. .2627-f 
From County Sunerintendents, 

receives 2739 

Supreme Court of State, fur- 
nished 2627-d 



SCHOOL LAWS OF IOWA 



1S9 



S — Continued 



Salery of, and deputy, clerk, in- 
spectors 2627-h 

School law, renders opinions on 2627-e 

School laws, publication of 2627-e 

Successor, turns over office to 2627-d 

Supplies, furnished with 2627-d 

Teachers Institutes shall approve-— 2627-c 
Textbooks adopted, receives list of--2833 

Term of office 2627-a 

Vacancy in office, how filled 2627-a 

Snpervision^ 

Board of directors, by 2772 

County Superintendent, by 2735 

Person selected by Board, by 2776 

State Superintendent, by 2622 



Bonds of surety companies accepted-2830 
Contractor for. to furnish books.. .2830 

Contractor, to build 2779 

Person for, to keep supplies for dis- 
trict 2824 

Secretary and treasurer of Board. .2760 
Treasurer of County High SchooL.2729 
Trustees of County High School 2729 

Surety ro7»ipnnies — 

Bonds; of, accepted, for contractor.2830 

SnHnension — 

Board may cause 2782, 2782-c 

Teacher may temporarily cause 2782 



Taxes — 

Annual meeting, vote schoolhouse--2749 

Apportioned by County Auditor 2808 

Board fixes amount to pay debt 2813 

Board estimates amount necessary-2781 
Board estimates amount and certi- 
fies 2781 

Bonds or money borrowed, to pay-2S13 
Certified to Board of Supervisors. -2794-ab 
Certified to secretary of school 

township 2759 

Collected, president signs drafts for.2759 

Collected for sehoolhouse fund 2768 

Collected for contingent fund 2768 

County Treasurer keeps subdistrict 

separate 2810 

County Treasurer pays over quar- 
terly :...2810 

County Treasurer gives notice of 

amount collected 2810 

Estimated in mills, when 2806 

Estimates, to what applicable 2813-b 

Free text -books, for, provided by 

. Board 2783 

Fifteen mills, shall not exceed 2753 

Judgment, voters vote to pay 2811 

Levied by Board of Supervisors 2794-ab 

Levy by Board of Supervisors 2807 

Levy ■'or consolidated independent 

dSstriet 2794-ab 

Levy to pay bonds 2813-a 

Levy of, voted at special meeting.. 2807 
Levying for building, submitted to 

voters 2794- ae 

Limit of, for teachers' fund 2806 

Limit of in consolidated district 2794-ab 

Limit of, for contingent fund 2806 

Limit of, to pay principal and 

interest 2813 

Levy of one to three mills, when.. .2807 
Notice of proposition to vote, given.2749 



Notice of proposition to vote in sub- 
district 2751 

Notice, not voted without 2746 

Provision to pay bonds, certified 

by secretary 2767 

President notified of amount col- 
lected .-2808 

President issues warrant tor 2808 

Sehoolhouse fund, for, apportioned.2806 
School township, void for, when.. .2796 
Sehoolhouse, voted, certified by sec- 
retary 2767 

Secretary certifies, to Board of Sup- 
ervisors 2767 

Special meeting of subdistrict, voted 

at 2753 

Special election, may be voted at.. .2750 
Subdistrict, levied by Board of Sup- 
ervisors . 2753 

Trustees County High School esti- 
mated 2730 

Text-books and supplies, $1.50 an- 
nually 2825 

Transportation, $5.00 for each per- 
son 2806 

Void in consolidated district, when.2794-ab 
Women may vote for 2747 

Teaeher.s— 

Alcoholic stimulants, instruction on 

effects 2775 

Agent for text-books, may not be-2834 
Blanks and circulars from County 

Superintendent 2734-b 

Board should aid in government 2782 

Certificate, attendance Normal In- 
stitute 2738 

Certificate, not employed without.2788 
Certificate, not paid salary without.2788 
Certificate, teach subjects specified 
- 2630-b-2734-e 



190 



SCHOOL LAWS OF IOWA 



T— Continued 



Certificate, first grade, term of 2731-g 

Certificate, first grade, renewal of--2731-g 
certificate, state and diplomas, to 2C29 
Certificate, provisional, when issued 2734-t 
Certificate, provisional, extension.. 2734-t 

certificate, special, term of 2734r-e 

Ctertificate, special, renewal of 2734-e 

Certificate revoked after investiga- 
tion 2734-u . 

Certificate of other states, vali- 
dated 26S0-C 

Certificate, kindergarten, must hold 

when 2777 

Certificate, primary state tO' 2G30^b 

Compulsory school law, report vio- 
lations 2823-g 

Contracts v/ith, contain what ..2778 

Contracts signed by, and president 2778 

Contracts filed with secretary 2778 

County High School, in, rep or ted.. 2731 
Discharged by majority of Board. _2782: 

Discharged, shall have fair trial 2782 

Elected by Board in all cases 2778 

Examination of, regular county 2731-c 

Examination of, special 2734-e 

Examination in first grade subjects 2734-d 

Examination in special studies 2731-e 

Examination, application feei for 2:734-p 

Flmd, is money to pay salaries of 2768 

Mag, services for raising 28i04-b 

Graduates from accredited colleges 2C34-f 
Keep doors of school unlocked 

when 2168-k 

Library books loaned to 2823-r 

Library, responsible for care of 2S23-r 

Normal institute held for, annually 273S 
Number employed reported by secre- 
tary 27G5 

Normal school, must attend 2670 

Normal school, number in, reported_2'6SO 
One fire drill each month, must 

have 2468 

Registration of certificate or di- 
ploma 2734-q 

Registered, certificate must be 2734-q 

Riiles and regulations by Board 2772 

Register, shall keep daily 2789 

Register, separate for non-residents 27S9 
Register file coipy with Secretary.. .2789 
Reports, file with County Superin- 
tendent 2789 

Scholar, may temporarily dismiss..2782 
Scholar, may readmit if dismissed 2782 
Vocal music, must pass examination 
in 282S-S 

Teacher's Contract; see Contracts. 

Tenclicrs' Normal Institutes — 

Aided by state appropriation .2738 



Aided by Board of Supervisors 2738 

Appointed, how 2627-clO 

Certificate of attendance 2738 

City independent districts 2738 

County Superintendents hold an- 
nually 2738 

Forfeit for non-attendance at 2788 

Institute fund, disbursement of 2738 

Institute fund 2738 

Schools closed during 2773 

Session of 2738 

Term of 2738 

Vocal music must be taught in 2a23-t 

Teachers' Normal Training; see 
Approved High Schools. 

Term of Office — 

Member of Board of independent 
district 2795 

Member of Board appointed.. .2758 

Member of Board Educational Ex- 
aminers 2628 

Members of finance committee 2682-h 

Member Trustees County High 

School 2729 

Member of Board of Directors 2745 

President of the Board 2757 

Secretary and Treasurer 2T57 

Successor elected and qualified 2758 

Successor, books surrendered to. -.2770 
Treasiirer in independent city and 
town districts 2754 

Territory — 

Attached to adjoining district 2791 

Boundary lines, change of 2798 

Contiguous, included in independent 

district 279'4 

District has jurisdiction over all 2743 

Detached to form new independent 

district 2798 

New township comstitutes school 

township 2790 

Restored to district 2792 

School purposes, for 2773 

Taxes, when void unon part of 2796 

Tax: on, when deducted from tui- 
tion 2804 

Transfer of, assets and liabilities 
divided -2802 

Testimony — 

Trial of an appeal, in 2819 

Witnesses subpoenaed to give 2821 

Text-hooks^ 

Agents for, school officers not 2834 

Amount certified annually to secure 2825 
Board has charge of and supplies 2824 

Board selects persons to keep 2824 

Bonds required of persons keeping__2824 

Change in. not within five years 2829 

Contract for purchase, Board may 2824 



SCHOOL LAWS OF IOWA 



191 



T — Continued 



Contractor, bond taken from 2830 

County uniformity, petitions for..2831 
County uniformity. County Board 

Education contracts 2832 

County uniformity, cities and towna 

exempt 2835 

County uniformity, cities and towns 

may adopt same books 2835 

Debt shall not be contracted for 2825 

Depositories for sale of, provided-.2832 

Exchange of Board may make 282G 

Furnished at very lowest price 2827 

Free, none supplied until needed 2837 

Free, question submitted 2836 

Furnished to indigent children 2783 

List of, reported by Coimty Super- 
intendent 2833 

Loaned, Boiard procures books to 

be 2837 

Loaning of. when discontinued 2837 

Notice for bids before purchasing__2828 

Purchased with contingent fund 2788 

Paid for, with contingent fund 2825 

Rules and regulations concerning- _-28S7 

Samples kept for inspection 2830 

Samples of, filed with County Sup- 
erintendent 2830 

Scholar may purchase at cost 2837 

Use, those in, must be considered — 2826 
uniformity, Board may adopt with- 
out 2824 

Uniformity, Board certifies sum for 28CG 

Used in district, reported 2765 

Used by County High School 2731 

Tie Vote — 

How determined 2751 

Timo — 

Appeal, County Superintendent, 

notifies persons of 2819 

Appeal, 30 days notice by appel- 
lant 2820 

Defense against charges, to make--2782 

Meeting of, stated in notice 2763 

Notice of special meeting, given in__27o7 
Notice of subdistrict meeting, stated 

in 2751' 

Notice of annual meeting, stated in 2746 
Notice of special election, 30 days--2820-a 
Transcript, secretary sends within 10 
days 2819 

Tobacco — 

County High School, use prohibited 

in 2732 

Instruction regarding effects of use 

of, (note) 2775 

Use of, prohibited in schools 2772 



To^vn — 

Basis of independent district, may 

be 2794 

Township; see Civil Township and 

School Township. 

Transcript — 

Cost in appeal, where filed 2821 

Secretary notified to furnish.. 2819 

Secretary shall certify to be correct 2819 
Tax levy for 2806 

Transfer — 

Assets and liabilities divided 2802 

By change of boundaries 2793 

Restoration of territory to district 2792 

Surplus in schoolhciuse fund 2749 

Territory to adjoining district 2791 

Transportation of Children — 

Board makes rules concerning 2794-ad 

Board may suspend, when 2794-ac 

Board shall designate route of 2794-ac 

Board of consolidated district shall 

provide 2794-ac 

Board may arrange for 2774 

By parent, not exceeding 2 miles 2794-ac 

Compensatioin for 2794-ac 

contracts for, in writing 2794-ad 

Estimate of contingent fund for 2806 

Treasurer — 

Annual report to Board, makes 2769 

Bonds, record of persons sold tO--2812-f 

Bond, gives 2760 

Chosen outside of Board 2757 

Choisen by electors, when 2754 

County High School of 2729 

Compensation fixed by Board 2780 

Deposit funds in bank 2768 

Educational institution, for each_.2682-f 

Elected by ballot ...2757 

Fund, keeps separate account with 

each -2W8 

Money, draws from County treas- 

YiYy 2808 

Orders, registers all 2768 

Orders, endorses those unpaid 2768 

Pays out moneys ..2768 

Qualifies in ten days 2760 

Receives all micmeys 2768 

Report, files conv with County Sup- 
erintendent 2769 

Statement of finances, renders 2769 

Taxes, receives quarterly 2810 

Vacancy in office, how filled 2771 

Treasurer of State — 

Board of Educational Examiners 
pays fees to 2631 



192 



SCHOOL LAWS OF IOWA 



T- 

Trees- 
County Superintendent calls atten- 
tion of Board to 2787 

Thrifty condition, those in. re- 
ported 2765 

Twelve or more on each site 2787 

Trial — 

Appeal to County Superintendent of-2819 
Appeal to State Superintendent of-282a 
Revocation of certificate or diploma.2631 
Revocation of teacher's certificate— 2734-u 
Teacher discharged by Board 2782 

Truant Officers — 

Appointed, how 2823-e 

City marshal may be with salary 2823-e 

Compensation of 2823-e 

Compulsory school law. enforce 2823-f 

Duties of 2823-e 

Penalty, failure to enforce law 2823-f 

Tmant Schools — 

Board may establish rules for 2823-d 

Punishment of insubordinate chil- 
dren 2823-d 



Uniformity of Text-books; see Text- 
Books. 

Union Schools; see Graded Schools. 

University; see State University. 

Unknown OvFuer; see Owner. 

Vacancy In OflEice — 

Board of Directors, in, how filled--2758 

Officer of Board, how filled 2771 

Trustee of County High School 2729 

Village — 

Basis for independent district, may 
be 2794 

Violation of Rules — 

Penalty for 2794-ag 

Transportation, of 2.794-ag 

Visitation of Schools — 

Board provides for 2782 

County Superintendent by, manda- 
tory 2734-b 

County Superintendent, by request 
of Board 2734-b 

Voters — 

Annual meeting, at 2746 

Ballot, vote by 2749i-2794^aa 

Bonds in excess of IJ per cent 2820-dl 



Continued 

Trustees; see Board of Trustees. 

Tuition — 

Average cost of. reported by secre- 
tary 2765 

Boards may agree upon 2803 

Certificate of Qualification for 2733-al 

Consent of Board and County Sup- 
erintendent, on 2803 

County High School, in 2733 

County Superintendent signs certifi- 
cate for 2733-al 

Deducted from school tax, when 2804 

Every school free of, to whom 2773 

Fee for, in High School 2733-al 

Fee for. how paid 2733-al 

Four-year High School course in--2733-al 
High School outside of home dis- 
trict 2733-al 

Non-residents, for, fixed by Board--2804 

Normal Schools, in 2676 

Paid by Board in another district. -2774 
Payment of refused, how collected.-2733-al 
Statement of, certified by President-2733-al 

State College of Agriculture, in 2647 

State Normal School, in 2629 

u-v 

Bonds, to issue for original indebt- 
edness 2812-b 

County uniformity, on 2832 

County uniformity in cities and 

towns 2835 

Dissolution of consolidated district-2794-af 
Forming consolidated district, vote 

on 2794-aa 

Free text-books, authorize 2836 

Independent districts formed from 

subdistrict 2797 

Independent districts, subdivision of. 2798 

Independent districts, uniting 2799 

Judgment, tax to pay 2811 

Petition for forming independent 

district 2794 

: Register of in precincts 2755 

: Subdistrict, special meeting 2753 

Subdistrict, annual meeting 2751 

Text-books, authorize Board to 

change 2829 

Text-books, loaning discontinued— 2837 
Vote on forming consolidated dis- 
trict ..2794-aa 

Vote on forming independent dis- 
trict 2794 

Vote on tax for playgrounds 2823-ul 

Vote for discontinuance of play- 
grounds 2823-U5 



SCHOOL 



\Vag;e; see Minimum >vag:e. 

Ward — 

Tax paid by guardian, deducted 2S04 

Wards — 

District divided into, when 2773 

Warrants; see Orders. 

Water-closets- 
Approaches to, separated by fenee--2784 
Board shall give special attention--2784 
Separated by barrier in independent 

district 2784 

Wholesome condition and good re- 
pair 2784 

Witnesses — 

Attendance of, may be compelled 2821 

Year — 

Board, for organization of 2757 

Commences for school purposes 

when 2773 

Election of secretary and treasurer, 

for 2757 

Enumeration by secretary for 2764 

Enumeration of subdistrict by di- 
rector 2785 

Einaneial statement, to be published-2781 
Minimum, for school purposes 2773 



LAWS OF IOWA 193 

W 

Compensation of 2821 

Subpoenaed, may be by County 
Superintendent .. 2821 

Woman — 

County Superintendent, may be 
woman 2734-b 

Member of Board of Educational 
examiners, is j 2628 

Member of Board or officer, may 
be 2748 

Vote on taxes or issuing bonds, 
may 2747 

Voting at ejections, when not pro- 
hibited . .2755 

Written Contract; see Contracts. 

Y 

Report of secretary to County Sup- 
erintendent, for 2765 

Report of treasurer to County Sup- 
erintendent, for 2769 

School township divided into sub- 
district 2801 

Taxes regularly voted, for certify- 
ing 2806 

Tax voted at special meeting, for 
certifying 2807 

)'outIi, see Enumeration, and Scholar. 



INDEX TO FORMS 



No. Page 

Revocation of teachers' certificates 1 197 

Application for teachers' institute 2 197 

Monthly report of examination fees, institute fund 3 198 

Monthly remittance of fees 4 198 

Receipt for institute fund 5 198 

Order on county auditor 6 198 

Notice of annual meeting 7 199 

Proceedings of annual meeting 8 199 

Certificate of election 9 199 

Notice of subdistrict meeting 10 200 

Proceedings of annual subdistrict meeting 11 200 

Certificate of election for director 12 200 

Certificate of tax voted by subdistrict 13 200 

Bond of secretary or treasurer 14 201 

Draft on county treasurer 15 201 

Order on district treasurer 16 201 

Order register of secretary and treasurer 17 202 

Register of persons of school age 18 202 

Certificate of county officers 19 202 

Certificate of taxes 20 203 

Certificate of apportioning tax 21 203 

Certificate of tax voted by subdistrict 22 203 

Treasurer's account 23 204 

Certificate of appointment 24 204 

Deed for school house site 25 204 

Lease of school house site 26 204 

Teachers' contract 27 205 

Proposals for erection or repair of school house 28 205 

Contract for building school house 29 205 

Bond for performance of contract 30 206 

List of parents and children 31 206 

Notice permitting attendance from another district 32 207 

Notice of semi-annual apportionment 33 207 

Certificate of election of county superintendent 34 207 

Certificate of qualification of county superintendent 35 207 

Notice of school tax collected 36 207 

Application for appointment of referees 37 208 

Appointment of referees 38 208 

Notice to owner of real estate 39 208 

Report of referees 40 208 

Notice of assessment of damages 41 209 

Affidavit of appeal 42 209 

Notice of appeal 43 209 

Certificate of secretary's transcript 44 210 

Notice of hearing of appeal 45 210 

Certificate to county superintendent's transcript 46 210 

Bond for sale of books and supplies 47 210 

Notice to publishers of text books 48 211 

Bond of contractor to furnish free text books 49 211 



196 INDEX TO FORMS 

No. Page 

Petition for county uniformity 50 211 

Proposition and ballot for county uniformity 51 212 

Oath of president or director 52 212 

Order for library books 53 212 

Notice to principal of private or parochial school 54 212 

Notice to persons having control of child from seven to sixteen 55 213 

Report of attendance in private or parochial schools 56 213 

Report by teachers, county superintendents, school officers, etc.. 57 213 

Petition to establish an independent district under Section 2794. 58 214 

Petition for separate ballot 59 214 

Petition to establish a consolidated independent school district. 60 214 

Driver's contract 61 215 

County superintendent's approval of consolidated petition 62 215 

Notice of special meeting for consolidation 63 216 

Resolution to be adopted by the board 64 216 

Official ballot in consolidation 65 217 

Notice of special school election — consolidated district 66 217 

Affidavit of residence 67 217 



BLANK FORMS 



To. 



NUMBER 1 — SECTION 273 4-u. 

(make in duplicate.) 

revocation op teacher's certificate. 

Office of County Superintendent, 
, Iowa, 191 . . . 



You are hereby notified tliat a certificate to teach, granted to 

dated 191. . ., is hereby revoked in accordance Vi^ith tlie provisions 

of section 2734-u, the said revocation to talce effect from and after 191. . . 



County Superintendent. 



NUMBER 2 — SECTION 2738. 

application for teachers institute. 

Office of County Superintendent, 

County, Iowa, 191... 

To the Superintendent of Public Instruction: 

I desire to hold a two days' institute during the scliool year ending June 30, 191..., 

as follows: Two days commencing 191..., at 

and two days commencing 191..., at 

I have also appointed, subject to your approval, the following persons to assist in said 
institute. 

You are hereby requested to appoint the institutes for County 

at the places and on the dates above named, and to approve the faculty submitted 
below. 



County Superintendent. 
Note — The sessions must be of two consecutive working days' duration. 

InstitxUe Facility for the Session Commencing 191. . . 



Name. 


Address. 


Salary. 


Subjects Assigned. 


Conductor: 








Assistants: 










1 











For the Second Session Commencing 191. 



Conductor: 








Assistants: 

























198 



SCHOOL LAWS OF IOWA 



NUMBER 3— SECTION 2 738. 

MONTHLY REPORT OF EXAMINATION FEES, INSTITUTE FUND. 

Treasurer County. 

Dear Sir — Inclosed find Dollars received from fees for the 

month of 191 . . ., collected from the following named persons : 



a . 

es O 


Name of Applicant 


Amount 
Received 


a . 

as o 


Name of Applicant 


Amount 
Received 


1 




$ 


26 
27 


. $ _ .. 


2 









Total. 



I hereby certify that the above report is correct. 
lov^ra. 



191, 



County Superintendent. 



NUMBER 4— SECTION 2734-p. 
monthly remittance of examination fees to the treasurer of state. 
Office of County Superintendent. 
County, Iowa. 



,191. 



Hon , Treasurer of State, Des Moines, Iowa: 

Dear Sir — Inclosed find Dollars, being one-half of the exam- 
ination fees collected during the month of 191 . . ., as provided in section 

2734-p. 



.191. 



County Superintendent. 



NUMBER 5— SECTION 2738. 

RECEIPT FOR INSTITUTE FUND. 



Received of county superintend- 
ent, Dollars institute fund for the month ending 191 .. . 

Iowa. 

191... County Treasurer. 



NUMBER 6— SECTION 2738. 
order on county auditor. 

Office of County Superintendent, 
County, Iowa, 



.191. .. 



To Auditor County: 

Please draw and deliver to a warrant upon the 

Institute Fund for Dollars, as per duly verified bill No 

accompanying this order. 

No ' 



County Superintendent. 



SCHOOL LAWS OF IOWA 199 

NUMBER 7— SECTION 2746. 

NOTICE OF ANNUAL MEETING. 

Notice is hereby given to the qualified electors of the 

of ; in the county of state of Iowa. 

that the annual meeting of said district will be held at ^. ..... .on 

the second Monday in March, 191. . ., at o'clock, .m., and closing at o'clock, .m. 

A director will be elected for a term of years to succeed 

one for years, to succeed 

and 

The' meeting will be "open for" the transaction of such business as may legally come 
before it, and the board has directed that the following propositions shall be sub- 
mitted to and determined by the voters : 



Secretary. 



NUMBER 8 — SECTION 2746. 

PROCEEDINGS OF ANNUAL MEETING. 

March 191... 

The electors of the in the 

county of state of Iowa, assembled at pur- 
suant to notice. The meeting was called to order by the president at o'clock, .m. 

The secretary, being absent was elected secretary. 

The order of business and powers of the meeting were stated by the president. It 

was moved by seconded by 

that the ballots provide for voting upon a tax of Dollars 

for schoolhouse purposes. 

Carried votes for and votes against. 

On motion of seconded by -it 

was voted that the ballots provide for voting a tax of Eight Hundred Dollars for the 
purpose of building a schoolhouse in subdistrict No 

It was ordered that the ballots afford opportunity to vote upon the proposition 

to transfer Dollars of unused schoolhouse fund to the 

teachers' (contingent) fund. 

The polls for voting were opened at minutes after o'clock. 

At minutes after o'clock the polls were closed, the ballots were 

counted, and the vote upon the several matters voted upon was in each case as follows : 



The time required by law during which the meeting must be kept open having 
passed, the meeting adjourned at minutes after o'clock. 



Secretary. Chairman. 



NUMBER 9— SECTION 2746. 

CERTIFICATE OF ELECTION. 

We hereby certify that at the annual meeting of the In 

the county of state of Iowa, held on the second Monday 

in March, 191 was duly 

elected of said district, for a term of years, 

to succeed 

Judges of 
Election 



President. 

Secretary. 

.191... Judge of Election. 



200 SCHOOL LAWS OF IOWA 

NUMBER 10— SECTION 2751. 

NOTICE OF SUBDISTRICT MEETING. 

Notice is hereby given that a meeting- of the qualified voters of subdi.strict No 

of the school township of in the county of , state 

of lov^^a, will be held at on the first Monday in March, 191 . . . 

at o'clock. . .m., for the election of a director and for the transaction of such 

other business as may legally come before it. The question whether Hundred 

Dollars schoolhouse tax shall be voted upon the property of the subdistrict will be 
determined by ballot at such meeting. 



.191... Director of Subdistrict No. 



NUMBER 11— SECTION 2751> 

PROCEEDINGS OF ANNUAL SUBDISTRICT MEiETING. 

March 191. . . 

The voters of subdistrict No of the school township of in 

the county of , state of Iowa, met pursuant to notice. 

was appointed chairman, and secretary 

of the meeting. 

The chairman announced the powers of the meeting. 

The polls were opened at minutes after o'clock. At minutes 

after o'clock the polls were closed, and the judges proceeded to count the 

ballots. For director votes were cast for votes 

for and votes for upon 

which was declared elected director for the 

ensuing year, and he was given his certificate of election. Upon the proposition to vote 

a schoolhouse tax of Hundred Dollars upon this subdistrict votes 

were cast for the tax, and against the tax. It was declared that the 

vote was 

At minutes after o'clock, on motion of the 

meeting adjourned. 

Secretary. Chairman. 



NUMBER 12— SECTION 2751. 

CERTIFICATE OF ELECTION FOR DIRECTOR OF SUBDISTRICT. 

We hereby certify that at the annual meeting of subdistrict No , of the 

school township of , in the county of , state 

of Iowa, held on the first Monday in March, 191 

was duly elected director of said subdistrict. 
Judges of 
Election 



.191. 



Chairman. 
Secretary. 



NUMBER 13— SECTION 2753. 

CERTIFICATE OF TAX VOTED BY SUBDISTRICT MEETING. 

To , Secretary Board of Directors of the School Township 

of ■: 

I hereby certify that the voters of subdistrict No of the school township 

of , in the county of state of Iowa, at 

the meeting held 191..., voted a tax 

of Dollars for the erection of a schoolhouse in said subdistrict. 



.191... Secretary of Subdistrict Meeting. 



SCHOOL LAWS OF IOWA 201 

NUMBER 14— SECTION 2760. 

BOND OF SECRETARY OR TREASURER. 

Know all Mien by These Presents: That I as principal, 

and and as sureties, of 

the in the county of state of 

Iowa, are held and firmly bound unto the in the said county and 

state, in the penal sum of Dollars, to' be paid to the 

s-aid for which r'lympnt, well and 

truly to be made, we bind ourselves, our heirs, executors an^ administrators firmly by 
these presents. 

The condition of this obligation is that as of 

the in the county of state of Iowa, 

he will render a true account of his office and of his doings therein to the proper 
authority, when required thereby or by law ; that he will promptly pay over to the 
officer or person entitled thereto all moneys which may come into his hands by virtue 
of his office ; that he will promptly account for all balances of money remaining in his 
hands at the termination of his office ; that he will exercise all reasonable diligence and 
care in the preservation and lawful disposal of all money, books, papers, securities, 
or other property pertaining to his office, and deliver them to his successor, or to 
any other person authorized to receive the same ; and that he will faithfully and 
impartially, without fear, favor, fraud or oppression, discharge all duties now or 
hereafter required of his office by law ; and the sureties on such bond shall be liable 
for all money or public property that may come into the hands of such officer at any 
time during his possession of such office. 

In testimony whereof we have hereunto subscribed our names this day 

of 191. . . 



Principal. 



Sureties. 

State of Iowa County, ss. 

I , being duly sworn, depose and say 

that I am a resident freeholder of the state of Iowa, and am worth the sum 

of Dollars beyond the sum of my debts, and have 

property liable to execution in this state equal to the sum of Dollars. 



Subscribed and sworn to before me by the above named. 

this day of 191. . . 

In testimony whereof witness my hand and official seal. 



(Seal.) Notary PiTblic. 

OATH OF OFFICE. 

State of Iowa, County, ss. 

I, do solemnly swear (or affirm) that I will 

support the constitution of the United States and the constitution of the state of Iowa, 
and that I will faithfully and impartially, to the best of my ability, discharge all the 

duties of the office of secretary (or treasurer) of the in the county 

of state of Iowa, as now or hereafter required by law. 



Subscribed and sworn to before me by the above named. 

this day of 191. . . 

In testimony whereof witness my hand and official seal. 



(Seal.) Notary Public. 



NUMBER 15— SECTION 2762. 

DRAFT ON THE COUNTY TREASURER. 



,191. 



To County Treasurer : 

Pay to treasurer of the in 

the county of state of Iowa Dollars teachers' 

fund Dollars schoolhouse fund, and Dollars 

contingent fund, being the amount of tax collected and due this district for the quarter 
ending 191. . ., as shown by your notice of 191. . . 



Secretary. President. 



NUMBER 16— SECTION 2762. 

ORDER ON DISTRICT TREASURER. 

191 . . 



To . . .' Treasurer of the 

Pay to or order Dollars 

from the fund, for 



Secretary. President. 



202 



SCHOOL LAWS OF IOWA 



NUMBER 17— SECTION 2762. 

ORDER REGISTER OF SECRETARY AND TREASURER. 



Date 



In Whose Favor 
Drawn 



For What Purpose 



XI •a 



O 3 H 

-a o 3 



1 


iVprll 7, 


191— 


2 


April 7. 


191— 


8 


April 7. 


191— 


4 


May 10. 


191-. 


5 


May 14, 


191 — 



John Smith 

A. J. Adams 

Joel B. Young-— 
Thomas Harrison 
Sarah Johnson -- 



Teaching school 

Repairs on schoolhouse . 
Fuel 

Erection of schoolhouse 
Teaching school 



$ eo.oo 



63.74 



$ 5.00 



125.00 



$ 5.00 



NUMBER 18— SECTION 2764. 

REGISTER OP PERSONS OF SCHOOL AGE. 



Name 




Age 


Attendance in 
days for 
year ending 
June £0 




Parents or Guardian 


Children 




m 

a 

Ol 


Reasons for Non- 
Attendance 






1 


















Note — Read section 2823-i. 



NUMBER 19 — SECTION 2766. 



CERTIFICATE TO COUNTY OFFICERS. 



I hereby certify that at a meeting of the board of directors of the , 

held on the day of 

191..., the following officers were elected and have qualified according to law: 



to the office of president, postoffice. 
to the office of secretary, postoffice. 
to the office of treasurer, postoffice. 
to the office of truant officer, postoffice. 
. . .191. . . 



Secretary. 



Members of the Board. 



Name 


Address 


Name Address 






1 


1 


1 



SCHOOL LAWS OP IOWA 

NUMBER 20— SECTIONS 2749-2750. 



203 



CERTIFICATE OF TAXES. 

To the Board of Supervisors County: 

I hereby certify that the board of directors of the school township of 

county of , state of Iowa, has estimated amounts for the different 

fimds as follows : 



Fund 



Teachers' (Sec. 2806)— 
Contingent (Sec. 2806). 



Amount 



Fund 



Schoolhouse (Sec. 2813) 

*School Building Bond (Sees, 
and 2813) 



2768 



Amount 



I certify, also, that the qualified electors of said school corporation, at a regular 

meeting held on the day of 191. . . voted the following 

taxes of the property of the school corporation : 



Fund 


Amount 


Fund 


Amount 


•Schoolhouse (See. 2749) 


f. 


*School Building Bond (Sees. 2749 
and 2768) 








% 



.191. 



Secretary. 



*Taxes voted by the electors or estimated by the board to pay on "school building 
bonds." should be placed in the "school building bond fund." Taxes voted by the elec- 
tors for any other purpose belong in the "schoolhouse fund." 



NUMBER 21— SECTIONS 2767 AND 2806. 

CERTIFICATE APPORTIONING TAXES. 

To the Board of Supervisors of County : 

I hereby certify that a tax voted by the voters of the school township of 

in the county of state of Iowa, of Dollars 

for schoolhouse purposes, has been apportioned by the board of directors among the 
subdistricts as follows : 



Upon subdistrict No. 

Upon subdistrict No. 

Upon- subdistrict No. 

Upon subdistrict No. 

Upon subdistrict No. 



1 Dollars. 

2 Dollars. 

3 Dollars. 

4 Dollars. 

5 Dollars. 



.191. 



Secretary. 



NUMBER 22— SECTION 2767. 

CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. 

To the Board of Supervisors of County : 

I am directed by the board of directors of the school township of in 

the county of state of Iowa, to certify that the voters of sub- 
district No of said township, at a meeting held 191. . .. voted 

that Dollars be raised on the property within the sub- 
district for schoolhouse fund. 



.191. 



Secretary. 



204 



SCHOOL LAWS OP IOWA 



NUMBER 23— SECTION 2768. 

treasurer's account. 

Treasurer, in account with teachers' , schoolhouse or 

contingent fund. 

Dr. 



Sept. 28, 19- 
Oet. 5, 19- 



Jan. 
April 
April 
July 



4, 19- 

5, 19- 
5, 19- 
5, 19- 



To' cash received of county treasurer, semi-annual apportionment- $ 270.00 



To cash received of county treasurer, district tax. 

To cash received of county treasurer, district tax 

To cash received of county treasurer, district tax 

To cash received of county treasurer, semi-annual apportionment. 

To cash received of county treasurer, district tax 



75.00 
150.00 
197.00 
133.00 
100.00 



.Treasurer, in account with teachers' fund. 



Cr. 



Oct. 
Oct. 
Nov. 
May 
May 
May 
May 



13, IS- 
IS, 19- 

14, 19- 

3, 19. 

4, 19- 

4, 19- 

5, 19- 



By cash paid James Hogan, on order No. 1 

By cash paid Sarah Smith, on order No. 3 

By cash paid Nicholas Hoover, on order No. 4-- 

By cash paid Louisa Martin, on order No. 7 

By cash paid Jas. M. Higgins, on order No. 10. 
By cash paid Stephen Phelps, on order No. 11-— 
By cash paid Amelia Mason, on order No. 13 



136.00 

89.00 
135.00 

82.00 
115.00 
175.00 

95.00 



To. 



NUMBER 24— SECTION 2771. 

CERTIFICATE OF APPOINTMENT. 



You are hereby notified that at a meeting of the board of directors of the 

, in the county of state of Iowa, on 

the day of 191..., you were appointed of 

said to fill a vacancy occasioned by the 

of 



.191, 



Secretary. 



NUMBER 25 — SECTION 2773. 



DEED FOR SCHOOLHOUSE SITE. 



Know all Men by These Presents : That we, and 

, of the county of , state of 

Iowa, in consideration of the sum of Dollars in hand paid do 

hereby sell and convey unto the , in tl^ county 

cf state of Iowa, the following described i remises, 

sitoated in the county of state of Iowa, to-wit : (Here describe 

the premises. ) 

And we do hereby covenant with the said that we 

are lawfully seized of said premises ; that they are free from incumbrance ; that we 
have good right and lawful authority to sell the same ; and we do hereby covenant to 
warrant and defend the title to the said premises against the lawful claims of all 
persons whomsoever. 



Signed this day of 191... 

State of Iowa Cow ty, ss. 

On this day of 191. . ., before mc, a notary public in and 

for said county, personally came and . 

personally to me known to be the identical persons whose names are affixed to the 
above deed, for the purposes therein expressed. 

Witness my hand and notarial seal this lay of 191. . . 



(L. S.) 



Notary Public. 



NUMBER 26 — SECTION 2773. 

LEASE OF SCHOOLHOUSE SITE. 

Know all Men by These Presents: That of the county 

of State of Iowa, for the consideration hereinafter mentioned, does 



SCHOOL LAWS OF IOWA 205 

hereby release unto , president of the board of directors of 

the in the county of state of Iowa, 

or his successor in office, for the use of said for school pur- 
poses, the following described premises, situated in the county and state aforesaid, 
to-wit : (Here describe the lot or parcel of ground) together with all the privileges 

thereto belonging, for the term of from the day 

of 191. . . 

The said president as aforesaid, or his successor 

in office, hereby agrees to pay tlie said for the use of 

said premises, the sum of Dollars, to 

be paid at the expiration of this lease. 

In testimony whereof we have hereunto subscribed our names this day 

of 191. . . 

Sign in duplicate and file with County Recorder. 



President. 



NUMBER 27— SECTION 2778. 

CONTRACT BETWEEN BOARD AND TEACHER. 

This contract between a teacher 

of county, Iowa, and , president 

board of directors of the In the county 

of state of Iowa, witnesseth : 

That the said agrees to teach the public 

school in of said district for the term of weeks, 

commencing on the day of 191. . ., and well and faith- 
fully to perform the duties of teacher in said school, according to the law, and the 
rules legally established for the government thereof, including the exercise of due 
diligence in the preservation of the school buildings, grounds, furniture, apparatus and 
other school property. 

In consideration of said services, the said , as 

president of the board, in behalf of said agrees 

to provide a suitable and comfortable room for said school, to keep the same in repair 
and keep all outbuildings in a healthful state and in good repair, and to provide 
the supplies necessary for the comfort and progress of the school and to pay the 

said the sum of Dollars 

a month for school months, at the end of 

Witness our hands this day of 191. . . 



Teacher. 



President. 
Note — Any other matter agreed upon between the board and the teacher should be 
incorporated in the contract. 



NUMBER 28— SECTION 2779. 

PROPOSALS FOR ERECTION (OR REPAIR) OF SCHOOLHOUSE. 

Notice is hereby given that the proposals for the erection (or repair) of a schoolhouse 

in the in the county of , will be received 

by the undersigned, at his office in (where plans and 

specifications may be seen), until 1 o'clock p. m 191. . ., at 

which time the contract will be awarded to the lowest responsible bidder. The board 
reserves the right to reject any or all bids. 



, 191 . . . Secretary. 



NUMBER 29— SECTION 2779. 

CONTRACT FOR BUILDING A SCHOOLHOUSE. 

Contract made and entered into between of the 

county of , state of Iowa, and , in 

behalf of the in the county of , state 

of Iowa, and his successors in office. 

In consideration of the sum of Dollars, to be paid as herein- 
after specified, the said hereby agrees to build a 

schoolhouse and to furnish the material therefor, according to the plans and specifica- 
tions for the erection of sa,id house hereto appended, at 

in said The said house is to be built of the best material in a 

substantial, workmanlike manner, and to be completed and delivered to the said 



206 



SCHOOL LAWS OF IOWA 



or his successors in office, free from any lien for 

work done or material furnished, on or before the day of 191. . 

And in case the said house is not finished by the time herein specified, the said 

shall forfeit and pay to the said 

or his successors in office for the use of said the sum 

of Dollars, and shall also be liable for all damages that 

may result to said in consequence of said failure. 

The said , or his successors in office, in behalf of 

said , hereby agrees to pay the said the 

sum of Dollars when the foundation of said house is 

finished ; and the further sum of ' Dollars when the 

walls are up and ready for the roof, and the remaining sum of Dol- 
lars when the said house is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sublet, transferred, or assigned, 
without the consent of both parties. 

Witness our hands this day of 191. . . 



Contractor. 



President. 



NUMBER 30— SECTION 2779. 



BOND FOR PERFORMANCE OF CONTRACT. 



Know all Men hy These Presents: That we , as 

principal, and and as 

sureties, of the county of state of Iowa, are held and firmly bound 

unto the , in the county of state of Iowa, 

in the penal sum of Dollars, for the payment of which, 

well and truly to be made, we bind ourselves, our heirs, administrators and assigns, 
jointly, severally and firmly by these presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

as president of the board of directors of the in the county 

of state of Iowa, and his successors in office, for the erection 

and completion of a schoolhouse, in said by the day 

of 191 . . ., according to the plans and specifications for the 

construction of said house appended to said contract. 

Now, therefore, if the said shall faithfully and 

fully comply with all the stipulations of said contract, then this obligation shall be 
void, otherwise to remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names this day 

of 191... 



Principal. 



Sureties. 



NUMBER 31 — SECTION 2785. 

LIST OF PARENTS AND CHILDREN, KEPT BY DIRECTORS. 



Parent or Guar- 
dians 



Names of Children 



Age— 


Years 


IH 










S3 










V 


.Sgx 


"3 


03 




S 


^ 


Q 



I a o 

I o n 

I o 03 



John Smith . 
James Jones 



Anna Byron 



Peter Smith 

Eliza Smith 

William Jones 

Charles Peters (ward). 
James Byron 



10 




40 




12 


100 
80 


8 


15 




120 


12 











See below 



See below 



Note — Read section 2823-i. 



SCHOOL LAWS OP IOWA • 207 

NUMBER 32— SECTION 2803. 

NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. 

To , Secretary of the Board of Directors of 

Notice is hereby given that and 

children residing: in the have been granted permission by the board 

or county superintendent to attend school in commencing on 

the day of 191.... for a term of months. 



.191. 



President. 
Secretary. 



NUMBER 33— SECTION 2808. 
notice of semi-annual apportionment. 

Office of County Treasurer, 



191. 



To _, President of the 

You are hereby notified that according to the semi-annual apportionment made 

this day by the county auditor, as provided by section 2808, the sum of 

Dollars is due the , in the county of , state of Iowa. 



County Treasurer. 



NUMBER 34— SECTION 2809. 

certificate of election of county superintendent. 

Office of County Auditor, 

191. . . 

I hereby certify that was elected to the office of 

county superintendent for the term commencing September , 191... 

His postoffice address is Iowa. 

County Auditor. 



NUMBER 35— SECTION 2809. 

certificate of qualification of county superintendent. 

Office of County Auditor, 

191. .. 

I hereby certify that has duly qualified for the 

office of county superintendent for the term commencing September 191... 

His postoffice address is Iowa. 



County Auditor. 



NUMBER 36— SECTION 2810. 
notice of school tax collected. 

Office op County Treasurer, 

, 191. 



To J President of the Board of Directors of the 

You are hereby notified that the amount now collected and due the 

in county, state of Iowa, is : 

$ teachers' fund $ schoolhouse fund. 

% contingent fund. $ school building bond fund. 

County Treasurer. 



208 SCHOOL LAWS OF IOWA 

NUMBER 37— SECTION 2815. 

APPLICATION FOR APPOINTMENT OF REFEREES. 

To , Superintendent of County: 

In accordance with the action of tlie board of directors of the 

you are hereby requested to appoint tliree disinterested persons to inspect, and assess 
the damage.s which the owner will sustain by appropriating for school purposes, the 
following described real estate : 



President. 

.191 . . . 



Secretary. 



NUMBER 38 — SECTION 2815. • 

APPOINTMENT OF REFEREES. 

To and 

You are hereby appointed and constituted a board of referees, under the provisions 
of section 2815, to assess the damages which the owner will sustain by the appropriation 
for school purposes, of the following described real estate : 



in in the county of state of Iowa, 

containing one acre of land, exclusive of highway. 

You will, therefore, on the day of 191 . . ., at. . . .o'clock, .m., 

proceed to examine the real estate above described, ,and assess, under oath, the cash 
damages, which the owner will sustain by the appropriation of said land for school 
purposes, and immediately thereafter report to me in writing the amount of said 
damages. 



County Superintendent. 
.191. . . 



OATH OF REFEREES. 

We and 

do solemnly swear that we will well and truly, and to the best of our ability perform 
all the duties imposed upon us by the foregoing commission. 



Subscribed and sworn to before me by 

and this day of 191. . . 



Notary Public. 



NUMBER 39 — SECTION 2815. 

NOTICE TO OWNER OF REAL ESTATE. 

To , County : 

You are hereby notified that I have this day appointed referees to assess the dam- 
ages which the owner will sustain by the appropriation for school purposes of the 
following described real estate : 



Said referees will meet at the above described real estate on the day 

of 191. . ., at o'clock, .m., and assess said dam- 
ages as provided by law. 



County Superintendent. 



NUMBER 40 — SECTION 2815. 
REPORT OF REFEREES. 

To Superintendent of County: 

We, the undersigned, appointed to assess the damages which the owner will sustain 
by the appropriation for school purposes, of the following described real estate: 



SCHOOL LAWS OF IOWA 209 



do hereby report that we have on this day of 191. .carefully 

examined said described real estate and have assessed the damages at 

Dollars. 



Referees. 
Subscribed and sworn to before me this day of 191. . . 



Notary Public, 
in and for county 



NUMBER 41— SECTION 2815. 

NOTICE OP ASSESSMENT OF DAMAGES. 

To _, County : 

You are liereby notified that referees were appointed to assess the damages wliich 
the owner would sustain by the appropriation for school purposes of the following 
described real estate : 



and that said referees met at said premises on the day of 191. . . 

and assessed said damages at Dollars, as shown by 

their report on file in my office. 



.191... County Superintendent. 



NUMBER 42— SECTION 2818. 

AFFIDAVIT OF APPEAL. 

State of Iowa County, ss. 



FCHOOL Township of 

I, being duly sworn, on oath, say : That on 

tl:e day of 191. . ., the board of directors of said school 

township rendered a decision (or made an order) whereby (here state facts showing 
affiant's interest in the decision and the injury to that interest) ; that said board in 
rendering the decision (or making the order) aforesaid, committed errors as follows. 
(Here state the errors charged.) 



Subscribed and sworn to by before me, this day 

of 191. . . 



Notary Public. 



NUMBER 43— SECTION 2819. 

NOTICE OF APPEAL. 

STATE OF lowA, County, SS. 

V. 

School Township of 

To Secretary Board of Directors of the School 

Township of : 

You are hereby notified that has filed in my office an 

affidavit alleging that said board of directors, on the day of , 191 . . 

made a decision (or an order) whereby (here describe the decision or order so that the 
secretary may identify it), and claiming an appeal therefrom. You are therefore re- 
quired within ten days after receiving this notice to file in my office a complete tran- 
script of the record of the proceedings of the board relating to said order, together with 
copies of all papers filed with you pertaining to said action appealed from. 



191 . . . County Superintendent. 

14 



210 SCHOOL LAWS OF IOWA 

NUMBER 44— SECTION 2819. 

CERTIFICATE TO SECRETARY'S TRANSCRIPT. 

I , secretary of the board of directors of the school 

township of , in the county of state of 

Iowa, liereby certify that the foregoing is a correct and complete transcript of the 
record of all proceedings of the board and of all papers filed relating to the case 



,191. . . Secretary. 



NUMBER 45— SECTION 2819. 

NOTICE OF HEARING OF APPEAL. 

STATE OF lowA^ Coxinty, SS. 



School Township of 

To 

You are hereby notified that there is on file in this office a transcript of the pro- 
ceedings of the board of directors of the school township of at 

a meeting held -on the day of 191. . ., in relation to 

(here describe the decision or order appealed from) which appeal has been taken; 

and that the said appeal will be heard before me at on the day 

of 191..., at o'clock . . . . m. 



.191... County Superintendent. 



NUMBER 46 — SECTION 2820. 

CERTIFICATE TO COUNTY SUPERINTENDENT'S TRANSCRIPT. 

I , superintendent of county, 

state of Iowa, hereby certify that the foregoing is a correct and complete transcript of 
the records of all proceedings had, testimony given and papers filed in my office, and 
my rulings thereon, also of my decision in the case v 



.191... County Superintendent. 



NUMBER 47 — SECTION 2824. 

BOND FOR SALE OF BOOKS AND SUPPLIES. 

Know all Men l>y these Presents: 

That we , of the county of as 

principal, and and as sureties, 

are held and firmly bound unto the in the county of state 

of Iowa, in the penal sum of Dollars, for the payment 

of which we bind ourselves, our heirs, executors and administrators, firmly by these 
presents. 

The condition of the foregoing obligation is, that whereas the above named 

is to take charge of, care for, and account 

for all text-books and supplies, and to return all moneys received from the sale of 
such books and supplies to the contingent fund of said district ; now, if the said 

shall promptly pay over to the treasurer of the 

district all money which may come into his hands from the sale of books and supplies, 
and shall account in full at any time for all books and supplies coming into his hands, 
and shall deliver to any person or officer authorized to receive the same, all books and 
supplies unsold, and make full settlement as required by law, then this bond to be void, 
otherwise in full force. 

Signed this day of 191. . . 

Principal. 
8uretie». 



SCHOOL LAWS OF IOWA 211 

NUMBER 48— SECTION 2828. 

NOTICE TO PUBLISHERS OF TEXT-BOOKS. 

Notice is hereby given tiiat in accordance with law, bids will be received up to 

Of the day of 191. . . 

by at for the following text-books 

and supplies for the use of the schools of said 

(Approximate Number Needed for First Supply) 

Readers, First to Fifth, inclusive 

Arithmetics, two books 

Speller 

Geographies, two books 

United States History 

Grammar 

Language Lessons 

Copy Books, 1-5, inclusive 

Physiology 

Music 

Agriculture 

Domestic Science 

Manual Training 

Approximate number in attendance upon the schools of said dur- 
ing the year 191 

Samples of all text-books included in any bid must be deposited and remain in 
the office of the county superintendent. 

The board reserves the right to reject any or all bids, or any part thereof. 



, 191. . . . > President. 

Secretary. 



NUMBER 49— SECTION 2830. 

BOND OF CONTRACTOR TO FURNISH TEXT-BOOKS. 

Know all Men hy These Presents: 

That we of as 

principal, and as sureties, 

are held and firmly bound unto the in the penal sum 

of Dollars to be paid to the said for 

which payment well and truly to be made, we bind ourselves, our heirs, executors and 
administrators firmly by these presents. 

The conditions of the above obligation are such that If the above bounden 

shall well and truly fulfill and comply 

with all the obligations of their contract made on the day of 191. . ., 

with the aforesaid 

providing for the furnishing of school text-books at prices and on conditions set forth 
in their said contract, a copy of which said contract is hereto attached and made a part 
hereof, then this obligation to be void ; otherwise to remain in full force and effect. 

In testimony whereof we have hereunto subscribed our names this day 

of 191... 



Principal. 
Sureties. 



NUMBER 50 — SECTION 2831. 

PETITION FOR COUNTY UNIFORMITY. 

To County Superintendent : 

We, the undersigned, holding the office of school director, ask for the adoption 
of a uniform series of text-books in the schools of this county, and that you take 
steps to submit the question to the electors of the county, at the annual school meeting 
in March, as provided by law. 



Names 



District Name 



Township 



.191. 



212 



SCHOOL LAWS OF IOWA 



NUMBER 51 — SECTION 2S31. 

PROPOSITION AND BALLOT FOR COUNTY UNIFORMITY. 

Shall there be a uniform series of school text-books in county, 

Iowa? Write yes or no in the square to the right. 



NUMBER 52 — SECTION 2758. 

OATH OF PRESIDENT OR DIRECTORS. 

State of Iowa^ County, ss. 

I , do solemnly swear (or affirm) that I will 

support the constitution of the United States, and the constitution of the state of Iowa, 

and that I will faithfully discharge the duties of * as now or 

hereafter required by law. 



Sworn to before me and subscribed in my presence by the said 

this day of A. D. 191. . . 



♦Director of subdistrict or president of the board, as the case may be. 



NUMBER 53— SECTIONS 2S23-n TO 2823-r. 

ORDER FOR LIBRARY BOOKS. 

To the dty of state of 

I have been authorized to order the following books for the school library in 

the district (No ), of , township of 

county of , state of Iowa. 

Enclosed find money order or bank draft for $ , in full payment of the 

same. 



No. 
Copies 
Wanted 


Title 


Cata- 
logue 
Wo. 


Net Price 








Dol. 1 Cts. 

































Always fill out this blank carefully and plainly ; 



Ship via R. R. 

To 

R. R. Station 

County 

State 



Signed 

P. O. Address. . . . 

County 

State 

191. . 



Secretary. 



NUMBER 54 — SECTION 2S23-b. 

NOTICE TO PRINCIPAL OF PRIVATE OR PAROCHIAL SCHOOL. 



Office of secretary, board of directors of the 

( No ) , township of , county of . 

Iowa. 



.district 
.state of 



SCHOOL LAWS OF IOWA 



213 



.191. 



To , Principal of 

As provided in section 2823-b Suppleniental Supplement to the Code, within ten 
days from tlie receipt of this notice, you will please make a certified report to this 
office, giving the names, ages, and days of attendance of all pupils in your school 

for the preceding year, beginning and 

ending 



Secretary. 
Postoffice. 



NUMBER 55— SECTION 2823-b. 



NOTICE TO ANT PERSON HAVING CONTROL OF CHILD, FROM SEVEN TO SIXTEEN TEARS OP 
AGEj UNDER PRIVATE INSTRUCTION. 

Office of secretaiy, board of directors of the district 

( No ) , township of county of state 

of Iowa. 

191 

To 

Iowa: 

As provided in section 2, chapter 128, acts of the Twenty-ninth General Assembly, 
within ten days from the receipt of this notice you will please make a certified report 
to this office stating the name and age of the child under your control now re- 
ceiving private instruction, and the period of time during which said child ha. . . . 

been under such private instruction within the preceding year, beginning 

19 .... , and ending 19 . . . 



Secretary. 
Postoffice. 



NUMBER 56— SECTION 2823-b. 

REPORT OF ATTENDANCE AND WORK IN PRIVATE OR PAROCHIAL SCHOOL OR UNDESR PRIVATE 

TUTOR. 





be 

< 


Date 
Enrolled 


•a 
a 
a> 

>) 

Q 


Studies Pursued 




Name of Pupil 


si 

o 

O 


bo 
a 
■3 

03 
0) 

OS 


bt 

a 


o 

a 
< 


as 

6 
B 
ca 


tB 
O 
O 


>> 
03 

6 


>> 

S3 
O, 
CS 
i-i 

O 

01 

O 


a 

a 





Name of Parent 
or Gaurdian 










































































































































































1 


1 


1 

















NUMBER 57— SECTION 2823-q. 

REPORT BT TEACHERS, COUNTT SUPERINTENDENTS, SCHOOL OFFICERS, OR EMPLOTES, TO THE 
SECRETART OF THE SCHOOL CORPORATION CONCERNING VIOLATIONS OF THE LAW FOR 
COMPULSORT EDUCATION. 

191 

^(* , Secretary of the Board of 

Directors of District (No ) township of , county 

of , state of Iowa: 



214 ^ SCHOOL LAWS OF IOWA 

I hereby certify that I have reason to believe that and 

children between the ages of seven and sixteen years are not attending school as 
required by the provisions of chapter 128, acts of the Twenty-ninth General Assembly 
providing for compulsory education. 



FORM 58. 

PETITION TO ESTABLISH AN INDEPENDENT DISTRICT UNDER SECTION 2794. 

To the Board of Directors of the Independent School District of , County 

of , state of Iowa. 

Gentlemen : 

We, the undersigned, duly qualiiied voters of the town of 

County, Iowa, would respectfully represent that we reside in the 

town plat of said town and that we constitute more than per cent of 

the legal voters so residing and that there are over one hundred persons residing within 
the limits of the aforesaid town of 

That we are desirous and do hereby petition your honorable body for the formation 
of an independent school district which shall include all of said town and also other 
territory contiguous thereto, hereby respectfully petition you to establish the boundaries 
of such proposed independent district as herein set out, viz : 
(Give description of boundaries.) 

We respectfully show and represent that we reside on the territory aforesaid, and 
we respectfully ask that all the territory situated within the limits of said town and 
boundaries above given be organized into one independent school district and that the 
question of such organization be submitted to the voters thereof, after due notice 
thereof has been given. 



FORM 59. 



PETITION FOR SEPARATE BALLOT. 
UNDER SECTION 2794. 

To the Board of Directors of the Independent School District of 

County of , State of Iowa. 

We, the undersigned, respectfully petition your honorable body for the formation of 
an Independent School District which shall include all the incorporated town of 

, in County, Iowa, and also other territory 

contiguous to the said town and we do petition you to establish the boundaries of such 
proposed Independent School District as set out in the following, to-wit : 
(Give description of territory here.) 

We respectfully show and represent that we reside on the territory aforesaid outside 
of the above named platted town and that we constitute more than 25 per cent of 
the legally qualified voters so residing thereon. 

We respectfully ask that all the territory including the said town of 

situated within the limits and boundaries above given, be organized into one Inde- 
pendent School District and that the question of such organization be submitted to the 
voters upon said territory at a meeting of the voters thereon, after notice thereof, duly 

given, and that the voters residing outside the town of be permitted 

to vote separately on the aforesaid proposition, and all as provided by law. 



FORM 60. 



PETITION TO ESTABLISH A CONSOLIDATED INDEPENDENT SCHOOL DISTRICT. 

SECTION 2794-a. 

To the Honorable Board of Directors of , Township 

of , County of , State of Iowa. 

Gentlemen: 

We, the undersigned, duly qualified voters of Township, 

County, Iowa, would respectfully represent that we reside on the 

territory of the proposed consolidated independent school district ; that there are not 
less than 16 sections contained in the proposed consolidated independent school district, 
also that we constitute moi-e than one-third (1-3) of the electors residing thereon and 
that this petition setting forth the boundaries of the proposed district has been duly 
approved by the County Superintendent (Superintendents, if territory is in two coun- 
ties) of county (or counties). 

That we are desirous of and do hereby petition your honorable body for the forma- 
tion of a consolidated independent school district, which shall include all contiguous 
territory herein set out, viz : 

(Give description.) 

We respectfully show and represent that we reside on the aforesaid territory and 
we hereby respectfully ask that all the territory situated within the limits herein de- 
scribed be organized into one consolidated independent school district and that the 
question of such organization be submitted to the voters upon said territory at a meet- 
ing of the electors thereon after due notice thereof has been given. 



SCHOOL LAWS OF IOWA 215 

FORM 61. 

DRIVER'S CONTRACT. 
FORM USED BY THE MARATHON, IOWA, (CONSOLIDATED) SCHOOL BOARD. 

THIS AGREEMENT, Made and entered into by and between , President 

of the Board of Directors of the Independent School District of Marathon in Poland 

township, Buena Vista county, Iowa, and , of Poland township, 

Buena Vista county,* Iowa. 

Said covenants and agrees to transport the children of 

Route No to the Central School in Marathon, each day that school is in session 

during the school year beginning Said further agrees 

to comply with the following conditions : 

1. He will furnish a safe, strong team with proper harness. 

2. He will furnish comfortable blankets and robes, sufficient for the best protection 
of the pupils while on the road. 

3. He will collect the pupils by driving over the route each morning as directed by 
the board, in time to convey the pupils to school so as to arrive at the school building 
not earlier than nine o'clock a. m. or later than 9 :10 a. m., waiting not longer than 
three minutes and blowing a whistle at each house. 

4. He will return the pupils to their homes, leaving the school house at 3 :30 p. m., 
or later, as the board may determine. 

5. He will personally drive and manage the team, or provide a suitable driver 
satisfactory to the board, who will comply with all the conditions of this contract. 

6. He will refrain from the use of profane language in the presence of the pupils. 

7. He will not use tobacco in any form during the time he is conveying the pupils 
to and from school. 

8. He will avoid fast driving and racing with other teams, and stop before crossing 
the railroad and be sure that no train is coming and that it is safe and clear before 
attempting to cross. 

9. He will keep order among the pupils and report any improper conduct to the 
Superintendent. 

10. He will not allow the school wagons to be used for any other purpose, and 
report any damage to hacks to the Superintendent. 

11. Should a driver frequently arrive at the school house late in the morning or 
be late to start to return the pupils to their homes, unless for unavoidable reasons, he 
shall be fined the sum of $1.00 for each failure. 

In consideration of the said services, the said President of the 

board in behalf of the Independent School District of Marathon hereby agrees to pay 

the said the sum of dollars per month excepting it 

is herein agreed that the board shall retain one-half of the first month's wages until 

the close of the term of service of to insure the faithful performance 

of the terms of this contract. The Board of Directors reserves the right to terminate 
this contract at any time. 

The board reserves the right to change the route when they consider it necessary 
for the best interests of the patrons. In case of change $2.50 per month will be added 
for each additional mile added to the route. When the route is shortened $2.50 per 
month will be deducted for each mile taken from the route. 

The President of the school board agrees to furnish a safe, strong wagon complete. 

IN TESTIMONY WHEREOF we have hereunto subscribed our names this day 

of 191... 



President. Driver. 



The following forms are suggested to be used in forming consolidated districts : 

FORM 62. 

COUNTY superintendent's APPROVAL OF CONSOLIDATED PETITION 
UNDER SECTION 2794-a. 

Should the county superintendent wish to be more formal the following might be 
used: 

Know all by These Presents, That I, County 

Superintendent of Schools of the County of in the state of 

Iowa, have examined the petition hereto attached for consolidation of certain school 

territory within said county, which petition was filed with me on the day 

of 191. . ■ And I find that said petition is sufficient and 

complies with section 2794-a, Supplemental Supplement to the Code of Iowa, 1915, 
and accordingly I approve said petition. 



(Seal.) 



County Superintendent. 
bate. 



216 SCHOOL LAWS OF IOWA 

FORM 63 — SECTIONS 2763-2794-a. 

NOTICE OF SPECIAL MEETING FOR CONSOLIDATION. 

Iowa, 191... 

To 

Member of School Board 

Dist. of , Iowa. 

Dear Sir: 

You are hereby notified that a special meeting of the Board of Directors of the 

School District of in the 

county of state of Iowa, will be held on the day 

of 191. . ., at the 

(Insert place of meeting.) 

Iowa, at o'clock. . . .m., for the purpose of con- 

( town) 
sidering and acting upon a petition presented by the electors residing in certain terri- 
tory requesting that an election be called to vote on the formation of a consolidated 
independent school district as provided in section 2794-a, Supplemental Supplement of 
the Code of Iowa, 1915. 

Respectfully, 



President Board of Directors. 



FORM 64— SECTION 2 794-a. 

RESOLUTION TO BE ADOPTED BY THE BOARD. 

WHEREAS, A petition for school consolidation reading as follows : 

"To the Honorable Board of Directors of , Township 

of , County of , state of Iowa. 

Gentlemen: 

We, the undersigned, duly qualified voters of Township, 

County, Iowa, would respectfully represent that we 

reside on the territory of the proposed consolidated independent school district ; that 
there are not less than 16 sections contained in the proposed consolidated independent 
school district, also that we constitute more than one-third (1-3) of the electors resid- 
ing thereon and that this petition setting forth the boundaries of the proposed dis- 
trict has been duly approved by the county superintendent (superintendents, if ter- 
ritory is in two counties) of 

County (or counties). 

That we are desirous of and do hereby petition your honorable body for the forma- 
tion of a consolidated independent school district, which shall include all contiguous 
territory herein set out, viz : 

(Give description.) 

We respectfully show and represent that we reside on the aforesaid territory and 
we hereby respectfully ask that all the territory situated within the limits herein 
described be organized into one consolidated independent school district and that the 
question of such organization be submitted to the voters upon said territory at a 
meeting of the electors thereon after due notice thereof has been given." 
Was filed with said Board of Directors of the Independent School District of 

in the county of state of 

Iowa, on the day of , 191... and, 

WHEREAS, Said petition proposes the incorporation of certain territory within said 
county, as a Consolidated Independent School District, and is signed by more than 
one-third of the qualified electors residing within said territory ; and, 

WHEREAS, Said petition is sufficient in every particular and complies with Section 
2794-a Supplemental Supplement of the Code of Iowa, 1915, and should be granted, 
and this board has jurisdiction thereof; now therefore 

Be it Resolved, by the Board of Directors of the Independent School District of 
, in the county of . . , state of Iowa ; 

Section 1. That an election of the voters residing within the territory proposed 

for school consolidation in said petition is hereby called to be held on the 

day of 191..., at the 

(Place of meeting) 

Iowa, from one o'clock p. m. until six o'clock p. m., at which 

(town) 
election there shall be submitted to the voters residing within said territory, to be 
by them voted upon, the following proposition, to-wit : 

Shall the proposed Consolidated Independent District of 

be established? 

(Attach ballot here.) 

Sec. 2. The secretary of the Board of Directors is hereby instructed to prepare 
and supply the ballots to be used at said election in substantially the following form : 



SCHOOL LAWS OP IOWA 217 

FORM 65— SECTION 2794-a. 

OFFICIAL BALLOT IN CONSOLIDATION. 

(Notice to Voters: For an affirmative vote on the question submitted upon this 
ballot make a cross (X) in the square before the word "Yes." For a negative vote 
make a cross (X) in the square preceding the word "No.") 

Shall the proposed Consolidated Independent School District of 

County, Iowa, be established? 

YES. NO. 

Sec. 3. The secretary of the Board of Directors is hereby instructed to post notices 
of said election at least ten days before said election according to the requirements 
of law, in substantially the following form : 



FORM 66— SECTION 2794-a. 

NOTICE OF SPECIAL SCHOOL ELECTION CONSOLIDATED DISTRICT. 

Whereas, a written description of contiguous territory within the county of 

and state of Iowa as follows, to-wit : 

(Give description of territory.) 
Signed by one-third of the qualified voters residing upon said territory and ap- 
proved by the county superintendent of said county, has been filed with the school 

board of Iowa, a school corporation In which portion of 

(Give name of district) 
the proposed district having the largest number of voters is situated, requesting tho 

establishment of a consolidated independent school district, to be known as 

and embracing said territory. Now, there- 

( Insert name of new district) 
fore, notice is hereby given to the qualified electors residing in or upon the above 

described territory in the county of (or counties, if more than one) , 

and state of Iowa, that a special election is hereby called by the board of 

Iowa, to be 

(Give name of board calling election) 

held at Iowa, on the 

(Give place for holding election) (Give date) 

day of , 191..., at one o'clock p. m. and closing at six 

(month) 
o'clock p. m. at which election there will be submitted to the voters the question : 

Shall the proposed Consolidated Independent District of 

be established ? 

(Give name of new district) 
Dated at Iowa, this day of 191... 



Secretary Board of Directors. 



FORM 67— SECTION 2733-al. 

AFFIDAVIT OF RESIDENCE. 

, Iowa. 

I hereby certify that I am the parent or guardian of , 

whose address is County of , 

state of Iowa, and that he is of legal school age and that he is a resident of 

District Township, 

County, state of Iowa. 



Parent or Guardian. 
Subscribed and sworn to before me on this day of , 191. . 



(Seal.) Notary Public in and for said county. 



DECISIONS 



IN 



APPEAL CASES 



Compiled for the Use of School Officers 
and Directors 



EDITION OF 1915 



ALBERT M. DEYOE 

Superintendent of Public Instruction 



PREFACE. 



In compiling the decisions of the Superintendent of Public Instruc- 
tion, it has been found possible to select only a few; therefore such 
cases as have a decisive bearing upon important points of school law 
were chosen. 

There are many questions arising in the administration of school 
laws which the courts alone have power to determine. Questions im- 
plying right and title to office, interpretation and legality of contracts, 
all matters pertaining to the levy and collection of taxes, the payment 
of moneys, and all acts of the electors must be tried in the court and 
may not be determined by appeal to the county superintendent or to 
the superintendent of public instruction. 

Too many appeal cases are the outgrowth of differences arising over 
the location of schoolhouses. This may be eliminated largely if school 
boards, in choosing locations, will carefully guard the rights of every 
child. The school board should locate the schoolhouse where it will 
serve the best interests of all patrons. 

It is seldom that the best interests of the schools are served by ap- 
peal cases. The feeling engendered over such cases often destroys 
much of the good the schools might be doing. No case should be ap- 
pealed except one of grave injustice. Judicious advice given by the 
county superintendent will, if heeded, do much to bring about an 
amicable settlement of many difficulties. 

A careful study of the laws and decisions thereon by the school of- 
ficers mingled with good judgment and fair dealings will enable them 
to administer the laws more justly and intelligently. It will also make 
them more efficient in their offices and in many instances prevent un- 
fortunate contests that frequently arise in school districts which dis- 
turb the whole neighborhood and decrease the efficiency of the school 
— yet accomplish nothing in the end. 

A. M. DEYOE, 

December 1, 1915. Supt. Public Instruction. 



TABLE OF GASES 



Allsup V. Maple Grove 129 

Amsden v. Macedonia 60 

Amsterdam, Paine v Ill 

Arnold v. Richland 104 

Arthur v. Fairway 25 

Bacon v. West Des Moines 82-84 

Badger, O'Connor v 38 

Baker, Martin v 69 

Baker v. Waukon 33 

Baxter v. Bear Grove 68 

Bear Grove, Baxter v 68 

Bear v. Johns 119 

Bear Grove, Messner et al. v 85 

Beck et al. v. Jefferson 114 

Belmond, Thompson v 51i 

Benson et al. v. Silver Lake 57 

Boomer, Remington v 13 

Brainard, Freeman v 103 

Brighton, Woods v 24 

Brown v. Van Meter 22 

Byrne v. Struble 102 

Cedar, Miner v 11 

Center, Folsom v 36 

Center, Sheafe v 47 

Center, Waskow v 106 

Charles City, Harwood v 17 

Clarence, Tanner v 44 

Coburg, Erickson et al. v 109 

Colburn v. Silver Lake 30 

Cook, Hammer v 95 

Cormack v. Lincoln 28 

Cox V. Fabius No. 2 116 

Curry v. Franklin 7 

Davis V. Linn 40 

Davis V. Madison 14 

Deck V. Eden 35 

Des Moines, Hatton v 136 

Donald v. South Fork 26 

Dow v. Stockport 121 

Eagle, Reed v 45 

Eden, Deck v 35 



Eldon, Taylor v 16 

Empire, Watkins v 41 

Engbers v. Richmond 99 

Erickson et al. v. Coburg 109 

Exira, Watson v 17 

Fabius No. 2, Cox v 116 

Fairway, Arthur v 25 

Fallon V. Ft. Dodge 57 

Fieldberg, Severeid et al. v 52 

Folsom V. Center 36 

Forsythe v. Kirkville 49 

Fort Dodge, Fallon v 57 

Franklin, Curry v 7 

Franklin, Hancock v 97 

Franklin, Rush v 88 

Freeman v. Brainard 103 

Fremont, Hook v 12 

Glen wood, Rogness v 59 

Gosting V. Lincoln 21 

Grant, Odendahl v 67 

Grove, McKee v 61 

Hale V. Riverdale 79 

Hammer v. Cook 95 

Hancock v. Franklin 97 

Hartford, Ingraham v 54 

Harwood v. Charles City 17 

Hatton V. Des Moines 136 

Heath v. Iowa 64 

Hiteman, Wilson v 93 

Hook V. Fremont 12 

Hubbard v. Lime Creek 20 

Hudgens v. No. Ten 71 

Ingraham v. Hartford 54 

Iowa, Heath v 64 

Jacoby v. Nodaway 27 

Jackson v. Steamboat Rock 65 

Jasper, Thompson v 23 

Jefferson, Beck et al. v 114 

Jones v. Ocheyedan 89 

Johns, Bear v 119 

Johnston v. Sanborn 80 



6 



TABLE OF CASES 



Johnston v. Utica 34 

Kenworthy v. Oskaloosa 56 

Kirkville, Forsythe v 49 

Kletzing v. Montour 73 

Kopaska v. Seeley 123 

Leland, Strike v 125 

Lester, Sipple v 8 

Lime Creek, Hubbard v 20 

Lincoln, Cormack v 28 

Linn, Davis v 40 

Lincoln, Costing v 21 

Lincoln, Maxwell v 43 

Lodomillo, Rankin v 29 

Lytle V. Washington 91 

Macedonia, Amsden v 60 

McKee v. Grove 61 

McMillan v. Waveland 63 

Madison, Davis v 14 

Maple Grove, AUsup v .129 

Martin v. Baker 69 

Maxwell v. Lincoln 43 

Messner et al. v. Bear Grove 85 

Miner v. Cedar 11 

Montour, Kletzing v 73 

Munn V. Soap Creek 74-78 

Nodaway, Jacoby v 27 

No. Seven, Webster v 4S 

No. Ten, Hudgens v 71 

Ocheyedan, Jones v 89 

Odendahl v. Grant 67 

Oelke V. Spencer 86 

O'Connor v. Badger 38 

Oskaloosa, Kenworthy v 56 

Paine v. Amsterdam Ill 

Park V. Pleasant Grove 31 

Pilot, Shea v 132 

Pleasant Grove, Park v 31 

Randall v. Vienna 15 

Rankin v. Lodomillo 29 

Reed v. Eagle 45 

Remington v. Boomer 13 



Richland, Arnold v 104 

Richmond, Engbers v 99 

Riverdale, Hale v 79 

Rogness v. Glenwood 59 

Rush v. Franklin 88 

Sanborn, Johnston v 80 

Seeley, Kopaska v 123 

Severeid et al. v. Fieldberg 52 

Shea V. Pilot 132 

Sheafe v. Center 47 

Shelby, Sutton v 87 

Silver Lake, Benson et al. v 57 

Silver Lake, Colburn v 30 

Sipple V. Lester 8 

Soap Creek, Munn v 74-78 

South Fork, Donald v 26 

Spencer, Oelke v 86 

Steamboat Rock, Jackson v 65 

Stockport, Dow v 121 

Strike v. Leland 125 

Struble, Byrne v 102 

Sutton V. Shelby 87 

Tanner v. Clarence 44 

Taylor v. Eldon 16 

Thompson v. Belmond 51 

Thompson v. Jasper 23 

Topping et al. v. Union 94 

Union, Topping et al. v 94 

Utica, Johnston v 34 

Van Meter, Brown v 22 

Vienna, Randall v 15 

Washington, Lytle v 91 

Waskow V. No. 8 Center 106 

Watkins v. Empire 41 

Watson V. Exira 17 

Waukon, Baker v 33 

Waveland, McMillan v 63 

Webster v. No. Seven 48 

West Des Moines, Bacon v 82-84 

Wilson V. Hiteman 93 

Woods V. Brighton 24 



SCHOOL LAW DECISIONS 



S. L. CuRKY V. District Township of Franklin. 

Appeal from Decatur County. 

County Superintendent. Has no jurisdiction of an appeal until an affidavit is 
filed in his office. The appeal must be taken by affidavit. 

Affidavit. An affidavit is a statement in writing of the errors complained of, 
signed and made upon oath before an authorized magistrate. 

Jurisdiction. An application for an appeal filed within thirty days from the 
act complained of will not give the county superintendent jurisdiction of the 
case. 

Notice. The county superintendent should not issue notice of final hearing 
until the transcript of the district secretary has been filed. 

Testimony'. Unless obviously immaterial, testimony offered should be admitted 
and given such weight as it merits. 

Discretionary Acts. Should not be disturbed except upon evidence of unjust 
exercise of discretion. 

December 16, 1867, at a special meeting of the board, a vote to change the 
boundaries of subdistricts so as to form a new subdistrict in accordance with 
the prayer of petitioners, resulted in a tie. From this virtual refusal to act, 
S. L. Curry appealed to the county superintendent, who on the thirty-first of 
the same month formed a new subdistrict. Appellant alleges in his affidavit 
that the county superintendent assumed jurisdiction of this case without war- 
rant of law, that there never was "at any time an affidavit or any other state- 
ment in said appeal case filed in the office" of the superintendent, hence the 
want of jurisdiction. 

The "act to provide for appeals," section two, provides that "The basis of 
proceeding shall be an affidavit, filed by the party aggrieved, with the county 
superintendent, within the time allowed for taking the appeal." An affidavit is 
a statement in writing, signed and made upon oath before an authorized magis- 
trate. A county superintendent can have no proper jurisdiction of an appeal 
case until such affidavit has been filed. A notice of intention to file an affi- 
davit, a verbal complaint, or a petition, is not sufficient to give the county 
superintendent jurisdiction in appeal cases. The affidavit setting forth "the 
errors complained of in a plain and concise manner," must be in his hands 
before he is justified in commencing proceedings. The decision of the super- 
intendent recites that the affidavit was filed December 21st, which might be 
taken as conclusive, if it was not contradicted by the record. The transcript 
15 



8 SCHOOL LAWS OF IOWA 

shows that said affidavit was not subscribed and sworn to until Decemljer 28th, 
hence we do not clearly see how it could have been filed on the 21st. 

December 24th, four days before the affidavit was made, and which appellant 
alleges was never filed with the superintendent, said superintendent gave no- 
tice to the parties that the hearing would take place on the 30th. This pro- 
ceeding, as an appeal case, was entirely unauthorized by law, and as he com- 
menced proceedings in disregard of the plain provisions of the law and without 
legal jurisdiction, his decision Is annulled. It may be said, and not without 
authority, that as both parties responded to the notice, and came before the 
superintendent, he thereby acquired jurisdiction, but we feel unwilling to 
sanction disregard of law by approving such great irregularities. 

Without touching the real merits of the questions at issue, the formation of 
a new subdistrict, which we are willing to leave to the local authorities, we 
refer briefly to three points of law raised by appellants. 

The county superintendent should not issue notice of final hearing until 
both the affidavit and the transcript of the secretary have been filed in his 
office. 

Though the change of subdistrict boundaries by the board is a discretionary 
act, it may be reviewed by the county superintendent, on appeal, but the decision 
of the board should not be disturbed unless said discretionary power has been 
abused or exercised unjustly. 

The county superintendent should have received the remonstrances offered 
on trial in evidence, and exercised his judgment as to their weight and value. 

Reversed. 
D. FRANKLIN WELLS, 

March 26, 1868. Superintendent of PuMic Instruction. 



Elias Sipple v. District Township of Lkster. 

Appeal -from Black Hawk County. 

Testimony. At the hearing of an appeal, it is competent for the county super- 
intendent, upon his own motion, to call additional witnesses to give testimony. 

Records. In the absence of the allegation of fraud, testimony to contradict 
or impeach the records of the district cannot be received. 

Records. The board may at any time amend the record of the district, when 
necessary to correct mistakes or supply omissions. And it may upon proper 
showing be compelled by mandamus to make such corrections. 

Affidavit. The affidavit answers its leading purpose if it sets forth the errors 
complained of with such clearness that the proper transcript may be secured. 

At the regular meeting of the board held September 16, 1867, attended by 
four of. the seven members, motions were made and seconded for the creation 
of two new subdistricts whose boundaries were described in the motions. In 
regard to the action on these motions the record of the secretary contains 
merely the word "carried." At a special meeting, held February 15, 1868, the 
action of the board in September in relation to the formation of new sub- 
districts was "reconsidered" and "rescinded." From the February action 
Elias Sipple appealed to the county superintendent. During the progress of 
the hearing, which took place March 20, 1868, the county superintendent called 



SOHOOL LAWS OF IOWA 9 

upon one of the four members that attended, the September meeting, who 
testified that he did not vote for the motion to create a new subdistrict. As it 
thus appeared tliat the new subdistricts were not established by a vote of a 
majority of all the members of the board, as required by law, and as said 
September action was rescinded at a full meeting of the board in February, 
the county superintendent, considering the formation of the subdistricts illegal 
and void, dismissed the appeal. From this decision Barney Wheeler appeals. 

Appellant alleges substantially that the county superintendent erred as 
follows: In himself calling a witness to give testimony; in receiving testimony 
to impeach the district record, which is claimed to be valid and binding after 
thirty days; in dismissing the appeal; iii not establishing the subdistricts. 

The law requires the county superintendent to give a "just and equitable" 
decision, and as the calling of additional witnesses may sometimes enable him 
to discharge this duty more faithfully, his action in this respect is sustained. 

The second error assigned really includes two distinct points, which will be 
considered separately; and first, in regard to the impeachment of the district 
record. The law provides for an annual meeting of the electors of the district 
township, and for semi-annual and special meetings of the board of directors; 
also that "the secretary shall record all the proceedings of the board and dis- 
trict meetings in separate books kept for that purpose." It is a general prin- 
ciple of law that "oral evidence can not be substituted for any instrument which 
the law requires to be in writing, such as records, public documents," etc. 1 
Greenleaf's Evidence, § 86. "It is a well-settled rule that, where the law re- 
quires the evidence of a transaction to be in writing, oral evidence cannot be 
substituted for that, so long as the writing exists and can be produced; and 
this rule applies as well to the transactions of public bodies and officers as 
to those of individuals." The People v. Zeyst, 23 N. Y., 142. In the case of 
Taylor v. Henry, 2 Pick., 397, the supreme court of Massachusetts held that 
an omission in the records of a town meeting could not be supplied by parol 
evidence. Chief Justice Shaw, in discussing the case, said that it would be 
"dangerous to admit such a proof." Mr. Starkie, in his valuable treatise on 
evidence, says: "Where written instruments are appointed either by the im- 
mediate authority of the law or by the compact of the parties, to be the per- 
manent repositories and testimony of truth, it is a matter both of principle 
and policy to exclude any inferior evidence from being used either as a substi- 
tute for such instruments or to contradict or alter them; of principle, because 
such instruments are, in their own nature and origin, entitled to a much 
higher degree of credit than that which appertains to parol evidence; of policy, 
because it would be attended with great mischief and inconvenience, if those 
instruments upon which men's rights depend were liable to be impeached and 
controverted by loose collateral evidence." Starkie, part IV, page 995, volume 
III, 3d Am. Ed. 

The reason of the rule upon which the courts agree with such entire 
unanimity applies with force in the case now under consideration. The records 
of the district and board meetings contain a statement of the regulations 
adopted, and the acts done in the exercise of the powers with which the re- 
spective bodies are invested by the law. They present to all the citizens of 
the district township, in a permanent form, certain and definite information 
which could be obtained, with equal certainty, in no other way. Memory is 
defective, but the secretary records the transactions as they occur. The actors 



10 SCHOOL LAWS OF IOWA 

change from year to year, but the record is permanent. And though the ad- 
mission of oral testimony to alter a record or supply an omission therein 
might sometimes promote the attainment of justice, the prevalence of such a 
practice would result in more evil than good. It is held, therefore, that in 
the absence of alleged fraud the county superintendent errs, in admitting parol 
evidence to contradict or impeach the record of the September meeting of the 
board. 

In regard to the other part of the second point a few words will suffice. 
The counsel for appellant urges that though the record of the September meet- 
ing was imperfect, the lapse of thirty days made the record valid and binding 
upon the district. It is true that the right to take an appeal to the county 
superintendent expires after thirty days, but I am unable to see how the lapse 
of time will validate what was before invalid. The secretary is the proper 
custodian of the records of the school district, and before the record of the 
proceedings of the board has been approved or adopted by the board, the secre- 
tary may amend them by supplying omissions, or otherwise correcting them. 
After they have been approved they may be amended and corrected by direc- 
tion of the board, even after the lapse of thirty days. In Massachusetts a town 
clerk is permitted to amend the record in order to supply defects, even after 
a suit involving a question respecting them has been commenced. I am of the 
opinion that if the secretary or board of directors decline to make necessary 
corrections in the record, that a party interested may proceed by mandamus 
to compel the correction. If the record is to be impeached, it must be, in the 
absence of fraud, by a direct proceeding instituted for that purpose, and not by 
a collateral or indirect method. The People v. Zeyst, 23 N. Y., 147-8. 

The district record in this case is not as full as it might with propriety be. 
The law provides that the boundaries of subdistricts shall not be changed ex- 
cept by the vote of a majority of the members of the board. The record fails 
to show that this requirement of the law was complied with at the September 
meeting. The secretary says that the motion to redistrict "carried." This is 
his opinion, but he fails to give the fact upon which it is based Four of the 
seven members were present, but he does not say who, or how many voted for 
the change. Properly this should have been stated. When, however, the dis- 
trict record declares that a motion was "carried," the law will presume that 
it was carried in accordance with the requirements of the statute; though 
there is reason to believe that the presumption in this instance is a violent one. 
It follows that there was no legal evidence that the subdistricts were not 
established in -accordance with law; hence, the conclusion is inevitable that 
the county superintendent erred in dismissing the appeal for the cause as- 
signed. 

At the commencement of the trial and again during its progress, the de- 
fendant moved the county superintendent to dismiss the case on account of the 
insufficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is 
usual to make affidavits in such cases, yet it "set forth the errors complained 
of" with such plainness and conciseness as enabled the county superintendent 
to obtain the necessary transcripts, and this is all the law really requires. It 
has not been customary heretofore to force any particular form of affidavit, 
and the superintendent's ruling refusing to dismiss on defendant's motion is 
sustained. 

As the testimony appears not to have been all in when the case was dis- 



SCHOOL LAWS OF IOWA 11 

missed by the county superintendent, no opinion can be given in regard to the 
propriety or necessity of establishing the proposed new subdistricts. The case 
is tlierefore returned to tlie county superintendent, who will proceed with the 
hearing, first allowing a reasonable time for the correction of the district 
record or for the enforcement of its correction should such correction be 
deemed necessary by either of the interested parties. Should the district 
record be amended so as to show conclusively that the said subdistricts were 
not legally formed at the said meeting in September, it will follow that the 
said subdistricts never had a legal existence, and that the plaintiff could not be 
aggrieved by the action of the February meeting, hence the county superin- 
tendent will determine the case in favor of the appellee. Should said record 
not be amended, or should it be amended so as to show clearly that said sub- 
districts were established in all respects in conformity with law, the question 
of establishing the new subdistricts, or more properly retaining their organiza- 
tion, will be determined upon its merits. 

Reversed. 
D. FRANKLIN WELLS, 
July 23, 186S. Superintendent of Public Instruction. 



E. J. MiNEK v. District Township of Cedar. 

Appeal from Floyd County. 

Contested Election. The proper method of determining a contested election 
for school director is by an action brought in the district court. 

Election. The certificate of the officers of the subdistrict meeting is the legal 
evidence of election as subdirector, and as a general rule a board of directors is 
justified in declining to recognize a person as a member of the board until he 
produces such certificate. 

Evidence. Where the law requires the evidence of a transaction to be in writ- 
ing, oral evidence can be substituted only if the writing cannot be produced. 

Quo Warranto. The remedy of a person denied possession of an office to 
which he has been chosen is an action in court. 

At the regular meeting of the board in March, 1868, E. J. Miner appeared 
and filed his oath of office as subdirector of subdistrict number three, and 
claimed recognition as a member of the board. The said Miner failed to pre- 
sent the certificate of the officers of the subdistrict meeting, or any other evi- 
dence of his election except his own verbal statement. It was alleged in the 
board that he was not legally elected. Under these circumstances the board 
refused him a seat and recognized his predecessor as holding over. From this 
order the said Miner appealed to the county superintendent, who, after a full 
hearing of the manner in v/hich the election was conducted, reversed the order 
of the board and directed that the said Miner should be recognized as sub- 
director of subdistrict number three and as a member of the board of directors. 
From this decision an appeal is taken by A. J. Sweet, president of the board. 
The above are but a small portion of the facts presented in the well arranged 
transcript of the county superintendent, but yet all that are material to the 
issues InvolTed. 



12 SCHOOL LAWS OF IOWA 

The case presented by these facts is similar to that of Ockerman v. District 
ToicnsMp of Hamilton, page 77, School Law Decisions of 1868, and must be 
governed by the same principles. It was there held that the only proper way 
of determining a contested election or the right of exercising any public office 
or franchise is by an action in the nature of quo warranto brought in the 
district court. It seems unnecessary to repeat the arguments there used. 
Reference is made to that case, as well as to the 19 Iowa, 199; 18 Iowa, 59; 16 
Iowa, 369; 17 Iowa, 365; and the other cases there cited. The principle 
involved in the preceding references was recognized by the county superintend- 
ent, when he said in his decision that "the board of directors has no jurisdic- 
tion to inquire into the legality of the election of its members." When this just 
conclusion was reached the case should have been dismissed, for the county 
superintendent can do on appeal only what the board itself might legally have 
done. 

The county superintendent held that as the president of the subdistrict 
meeting refused to sign a certificate of election for the said Miner, the 
board might receive other evidence of his election. In this the county super- 
intendent departed from well established legal principles. The school law 
provides that at the meeting of the electors of the subdistrict on the first 
Monday in March "a chairman and secretary shall be appointed, who shall 
act as judges of the election and give a certificate of election to the sub- 
director elect." It is a well-settled rule that where the law requires the evi- 
dence of a transaction to be in writing, oral evidence cannot be substituted 
when the writing can be produced; this rule applies alike to transactions of 
public bodies, officers and individuals. 

There can be no doubt that the law contemplates that the certificate of the 
officers of the subdistrict meeting shall be the legal passport to a seat in the 
board, and that, as a general rule, a board of directors is justified in declining 
to recognize a person as a member of the board until such certificate is pro- 
duced. If the certificate has been given and lost, the accident may be remedied 
by other testimony. If illegally withheld, the officer may be coerced by man- 
damus to furnish it. If it has been fraudulently given, the law still provides 
a remedy. 

By the light of the previous principles it is evident that when, under the 
circumstances, the county superintendent proceeded to investigate the rights 
of the plaintiff as a school director, he exceeded his jurisdiction, and that his 
decision must therefore be overruled. The law requires that the plaintiff. 
Miner, shall seek his remedy in the courts. The decision of the county super- 
intendent is therefore reversed and the case dismissed. Reversed. 

D. FRANKLIN WELLS, 
July 29, 1868. Swperintendent of Public Instruction. 



N. R. Hook v. Independent District of Fremont., 
Appeal from Mahaska County. 

School Privileges. Are not acquired by temporary removal into a district for 
the purpose of attending school. 

At a meeting of the board an order was made excluding one Geoi'ge Check 
from school. From this order Dr. N. R. Hook, with whom the boy was at the 



S§OHOOL LAWS OF IOWA IS 

time living, appealed to the county superintendent, who affirmed the order of 
the board, and Hook again appealed. 

The ground upon which the boy was debarred from school was that he was 
not a bona fide resident of the district, and this is fully sustained by the cir- 
cumstances of the case as shown by the weight of the evidence as adduced 
before the county superintendent. The apparent primary purpose of George 
Check in going to live with Dr. Hook was that he might attend the school at 
Fremont, and after the term of school should expire his further continuance 
at Hook's would be uncertain. He did not go there with the intention of re- 
maining, but the intention to return to his father's house seems to have been 
manifested in the contract or agreement made with Hook. 

Counsel for appellant argues that the law should 'not be technically con- 
strued, but that it should receive a liberal construction, and in this he is 
correct. It should receive such a construction as that all the youth of the 
state, without regard to race or condition in life, can with equal facility par- 
ticipate in the benefits of our free schools. There is evidence that the schools 
in Fremont are so crowded that many of the youth of the district are unable 
to gain admission, and the law gives to them the prior claim. The board 
should see that the children of the district are first accommodated,. and then, 
if not detrimental to the interests of the school, it may admit, in its discretion, 
those from outside districts upon such terms as it may agree. 

Believing that the county superintendent properly sustained the board of 
directors, his decision is hereby Affirmed. 

A. S. KISSBLL, 

May 1, 1870. Superintendent of Public Instruction. 



Z. W. Remington v. District Township of Boomer. 

Appeal from Pottatvattamie County. 

Jurisdiction. The county superintendent does not have jurisdiction of cases 

involving a money demand. 

School Orders. When improperly issued, a proper remedy is injunction. 

On the 12th day of October the board met in special session and made a 
settlement with one L. S. Axtell, who was the contractor for the erection of 
certain schoolhouses in said district township. From the action of the board 
Z. W. Remington appealed to the county superintendent, who dismissed the 
appeal upon the ground that the settlement wath Axtell was for a money de- 
mand, and therefore involved a question over which he could exercise no juris- 
diction. Remington again appeals. 

If there was anything wrong in the action of the board issuing orders in 
favor of Axtell for the payment of his claim for building the schoolhouses that 
would render them invalid, his remedy, if any, would have been by injunction 
to restrain the payment of such orders, or by some other proper action in the 
civil courts, and not by appeal to the county superintendent, as the latter 
tribunal is not clothed by the statute with the authority to inquire into or de- 
termine the validity of school orders. The county superintendent, therefore, 
very properly decided to dismiss the appeal, and his order in the case is hereby 

Affirmed. 
A. S. KISSBLL, 

May 17, 1870. Superintendent of Public Instruction. 



14 SCHOOL LAWS OF IOWA 



W. P. Davis v. District Township of Madison. 

Appeal from Fremont County. 

Contracts. Made by a committee, require the approval of the board in session. 
School Funds. The treasurer is the proper custodian of all funds, and may 
legally pay them out only upon orders specifying the fund upon which they 
are drawn and the specific use to which they are applied. 

SuBDiEECTOR. The subdirector may expend money in his subdistrict only in 
the manner authorized by the board. 

Claims. Just claims against the district can be enforced only in the courts. 
Mandamus. Is a remedy if the board refuses to carry out a vote of the electors. 
Subdistrict. A subdistrict is not a corporate body, and has no control of any 
public fund. 

The electors on the eleventh day of March, 1871, voted a tax of two and 
one-half mills on the taxable property of the district township for schoolhouse 
purposes, and directed that three hundred dollars of the amount thus raised 
should be used for the erection of a schoolhouse in subdistrict number nine. 

March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was 
appointed a committee to build a schoolhouse in said subdistrict. The house 
having been completed, at a special meeting of the board held June 1, 1872, it 
was moved that the report of the committee be received and the schoolhouse 
be accepted; also, that the secretary be instructed to draw an order on the 
treasurer for three hundred dollars for subdistrict number nine. Both mo- 
tions were lost, from which action the said W. P. Davis appealed to the county 
superintendent, who on the ninth day of August, 1872, reversed the action of 
the board. The district township, through its president, W. H. Gandy, appeals. 

The history of this case very fully illustrates the loose and irregular man- 
ner in which school officers too frequently transact official business. Section 
15 of +h9 School Laws provides that the board "shall make all contracts, pur- 
chases, payments, and sales necessary to carry out any vote of the district, 
but before erecting any schoolhouse they shall consult with the county super- 
intendent as to the most approved plan of such building." 

If the contract is made by a subdirector or committee of the board, it 
should in all cases be approved by the board before work is commenced. 

A misapprehension often exists as to the manner in which school funds 
should be disbursed. The treasurer is the proper custodian of all funds be- 
longing to the district township and the law provides that he "shall pay no 
order which does not specify the fund on which it is drawn, and the specific 
use to which it is applied," that is, for work done, material furnished, or 
the like. 

The board is also required to "audit and allow all just claims against the 
district, and no order shall be drawn on the district treasury until the claim 
for which it is drawn has been so audited and allowed." This rule applies 
equally where funds are voted by the district township for the purpose of build- 
ing schoolhouses in particular subdistricts, also where taxes have been raised on 
the property of subdistricts, in accordance with the proviso of section 28. 
Such funds, or so much of them as may be required to carry out the vote of 



SCHOOL LAWS OF IOWA 15 

the electors, should be devoted to the specific object for which they were 
voted, but the disbursement should, in all cases, be under the direction and 
authority of the board. Boards have no authority to give subdirectors money 
to use. in their subdistricts for building schoolhouses or any other purpose, 
nor subdirectors to use money so received. A subdistrict is not a corporate 
body and has no control of any public fund. 

If Mr. Davis has a just claim against the district township of Madison 
which the board refuses to allow, or if the board refuses to apply the amount 
voted by the electors to the specific object for which it was designed, the 
erection of a schoolhouse in subdistrict number nine, the civil courts, only, 
can furnish a means of redress. Revebsed. 

ALONZO ABERNETHY, 

October 30, 1872. Superintendent of Public Instruction. 



J. W. Randall v. Distkict Township of Vienna. 

Appeal from Marshall County. 

Schoolhouse. The board may legally remove a schoolhouse from one sub- 
district to another only by vote of the electors. 

Schoolhouse. When the electors have voted to remove a schoolhouse from one 
subdistrict to another the board must execute such vote, and from its action 
in so doing no appeal can be taken. 

Injunction. The execution of a fraudulent vote of the electors may be pre- 
vented by a writ from a court o!: law. 

At the district township meeting held the second Monday in March, 1873, 
it was voted to remove the Fjhoolhouse situated in subdistrict number four 
into subdistrict number three. On the seventeenth day of March, the board 
ordered the removal of the schoolhouse, in accordance with said vote of the 
electors. From this action, appeal was taken to the county superintendent, 
who reversed the action of the board. The district township, through its 
president, appeals. 

Section seven, School Laws of 1872, provides that the electors shall have the 
power "to direct the sale, or other disposition to be made of any schoolhouse"; 
also "to vote such tax, not exceeding ten mills on the dollar in any one year, on 
the taxable property of the district township, as the meeting shall deem suffi- 
cient for the purchase of grounds and the construction of necessary schoolhouses 
for the use of the respective subdistricts." Section fifteen provides that the 
board "shall make all contracts, purchases, payments and sales necessary to 
carry out any vote of the district." Section sixteen provides that the board 
"shall fix the site for each schoolhouse." 

From the law as above quoted, we understand that the electors may vote a 
tax for the erection of a schoolhouse in any particular subdistrict, or may direct 
the removal of one already built, from a subdistrict, and that the board deter- 
mines the site within a subdistrict, but has no authority to remove a school- 
house from a subdistrict without affirmative action of the electors, such action, 
however, being taken, the board must execute their vote, if in accordance with 
law. From the action of the board in thus executing thQ vote of the electors no 



16 SCHOOL LAWS OF IOWA 

appeal can be taken. If the vote of the electors is contrary to law, its execution 
may bq prevented by injunction; if unwise, the electors, themselves, must bear 
the consequences. Re\teesed. 

ALONZO ABERNETHY, 
July 11, 1873. Superintendent of Public Instruction. 

I 

D. K. Taylor v. Independent District of Eldon. 

Appeal from Wapello County. 

Apfeal. Appeal may not be taken from an action or order complying with the 
terms of a contract previously made, nor from an action authorizing the issu- 
ance of an order in payment of a debt contracted by previous action of the 
board. 

Appeal. A case whose main purpose is to determine the validity of an order 
on the district treasury, or the equity of a claim, cannot be entertained on 
appeal to the county superintendent. 

School Funds. The courts of law alone can furnish an adequate remedy, if 
the law has been violated and the money of the district has been misappro- 
priated. 

From the transcript, it appears that on the third day of December, 1873, the 
board passed an order authorizing the payment of five per cent commission for 
negotiating the district bonds, and on the same day another authorizing D. P. 
Stubbs to negotiate said bonds. On the third day of February, 1874, the board 
passed an order instructing the president and secretary to draw an order for 
ninety dollars on the district treasury in favor of said D. P. Stubbs, for services 
rendered in negotiating said bonds, in accordance with the previous action of 
the board on December 3, 1873. From the action of the board in issuing said 
order of ninety dollars, this appeal was taken. The county superintendent dis- 
missed the case, on the ground that it was an action authorizing the payment of 
money, and a decision thereon would be equivalent to rendering a judgment for 
money, which is prohibited by the provisions of section 1836. D. K. Taylor 
again appeals. 

Appeal may be taken from any action of the board which authorizes the mak- 
ing of a contract, but not from a subsequent action or order complying with the 
terms of a contract previously made, nor from an action authorizing the issu- 
ance of an order in payment of a debt contracted by a previous action. 

The order appealed from in this case is not a new action of the board, but 
a necessary result of the order of December 3, 1873. If the first action was legal 
and proper, the last is both proper and necessary, the services having been 
performed. Any interested party might have appealed at the proper time, from 
the action of December 3, 1873, authorizing the payment of five per cent com- 
inission for negotiating bonds or authorizing the appointment of an agent there- 
for. But the time for an appeal, thirty days, having expired, appeal can not 
noXv be taken from the subsequent action, which is simply carrying out its pre- 
vious action, and the terms of the contract made thereunder. 

To determine the validity of an order on the district treasury, or the equity 
of a claim, is equivalent to the rendition of a judgment for money, and a case 
whose sole purpose is to determine this question can not be entertained on ap- 



SCHOOL LAWS OF IOWA 1? 

peal. The courts of law alone can furnish an adequate remedy, if the law has 
been violated, or the interests of the district have suffered by the making of 
contracts or the issuing of orders for money on the treasury. 

Affirmed. 
ALONZO ABERNETHY, 
May 5, 1874. Superintendent of Public Instruction. 



E. Watson v. DiSTiacr Township of Exira. 

Appeal from Audubon County. 

Punishment. The punishment of a pupil with undue severity, or with an im- 
proper instrument, is unwarrantable, and may serve in some degree to indicate 
the animus of the teacher. 

Punishment. In applying correction, the teacher must exercise sound discre- 
tion and judgment and should choose a kind of punishment adapted not only to 
the offense, but to the offender. 

Charges were preferred against E. E. Watson for harsh and unreasonable 
punishment of a pupil, and upon investigation the teacher was discharged. 
From this action of the board he appealed to the county superintendent, who 
reversed its action, and the district appeals. 

From the evidence, it appears that the pupil upon whom the punishment was 
inflicted was a boy thirteen years of age, and that the offense was such that 
punishment was deserved. The instrument selected was a hickory stick, three- 
fourths of an inch in diameter at one end, and one-half inch at the other, and 
fifteen or eighteen inches long. The punishment was inflicted by striking upon 
the palm of the hand from eight to twelve strokes. It appears that the boy's 
hand was thereby disabled for some days. 

It is alleged by the teacher that the punishment was inflicted for the good 
of the school, and that it v;as without malice on his part. We consider the selec- 
tion of such an instrument for the punishment of a pupil injudicious, unwar- 
rantable, and dangerous, and that the consequences might be fraught with the 
gravest results, and that such selection may serve in some degree, to indicate 
the animus of the teacher. Reversed. 

ALONZO ABERNETHY, 

June 6, 1874. Superintendent of Public Instruction. 



Sanford Harwood v. Independent District of Charles City. 

Appeal from Floyd County. 

Punishment. The right of the parent to restrain and coerce obedience in chil- 
dren applies equally to the teacher or to any one who acts in loco parentis. 

Rules and Regulations. Boards of directors and their agents, the teachers, 
may establish reasonable rules for the government of their schools. 

Rules and Regulations. The teacher has the right to require a pupil to answer 
questions which tend to elicit facts concerning his conduct in school. 
2 



18 SCHOOL LAWS OF IOWA 

Rules and Regulations. The pupil is answerable for acts which tend to pro- 
duce merriment in the school or to degrade the teacher. 

RxTLES AND REGULATIONS. Open Violation of the rules can not be shielded from 
investigation under the plea that it invades the rights of conscience. 

Board of Directors. The board shall be sustained in all legitimate and reason- 
able measures to maintain order and discipline, to uphold the rightful authority 
of the teacher, and to prevent or suppress insubordination in the school. 

This case involves the right of a teacher to require a pupil to answer ques- 
tions concerning his conduct in school, or to testify against himself. 

Burritt Harwood, a member of the high school department, having broken 
certain rules of the school, was suspended by the superintendent for refusing to 
answer a question relating thereto. The pupil's father petitioned the board to 
restore the pupil. The board, having investigated the facts, adopted the follow- 
ing: "Resolved, That the school board sustain Prof. Shepard in his suspension 
of Burritt Harwood; provided, Burritt Harwood be reinstated if he answer the 
question, for the refusal to answer which he was suspended, subject to such 
further action as may be taken by the principal or school board for making and 
circulating the caricature." The president and four other members voted for, 
and one against the resolution. From this action of the board, S. Harwood ap- 
pealed to the county superintendent, who reversed its action. The board ap- 
peals. 

The power of the parent to restrain and coerce obedience in children can 
not be doubted, and it has seldom or never been denied. This principle applies 
equally to the teacher or to any one who acts in loco parentis. Boards of direc- 
tors, and their agents, the teachers, may establish all reasonable and proper 
rules for the government of schools, and to control the conduct of pupils attend- 
ing the same. "Any rule of the school not subversive of the rights of the chil- 
dren or parents or in conflict with humanity and the precepts of divine law, 
which tends to advance the object of the law in establishing public schools, must 
be considered reasonable and proper." Burdick v. Babcock, 31 Iowa, 562. 

The superintendent had occasion to leave the high school in charge of his 
assistant while he should attend to official duties elsewhere. On his return, 
about 4 p. m., the assistant reported that there had been much disorder on the 
part of some of the pupils, and that she required several of the pupils to remain 
and report their misdemeanors to the superintendent. Burritt Harwood, being 
called upon, said in substance: "I have two misdemeanors to report: I threw 
snow in the lower hall during recess, and I passed a piece of paper across the 
aisle to my brother's desk." Both are recognized as violations of the rules of 
the school. The nature and magnitude of the first are readily discernible, and 
need no further investigation; not so of the second; much depends upon the 
character of the "piece of paper," whether simply blank paper or containing 
writing or other marks. Being asked to state the nature of the paper, he at 
first answered evasively. Being further questioned, replied that it was "pic- 
torial," that it was a "burlesque or caricature," that "it represented the school- 
house and some person or persons," that "the person or persons represented 
were connected with the school." The question, "whom he had intended to 
burlesque," after some hesitation he declined to answer. For this act of dis- 
obedience he was suspended. 

The question which he refused to answer appears to differ in no essential 



SCHOOL LAWS OF IOWA 1& 

feature from those previously answered. By it the teacher simply sought to 
discover an additional fact in connection with the case. If he had a right to 
ask the former, he had the latter. If there is any reason why the pupil had 
the right or should claim the privilege of declining to answer the last, he should 
have stated it. Certainly no good reason appears from the nature of the of- 
fense, and the degree of punishment which it merited depended upon the infor- 
mation which the teacher sought to obtain by this and the previous question. 
If the paper contained simply the solution of a problem or something connected 
with his lesson, it merited one degree of punishment; if its purpose was to cre- 
ate merriment among the pupils, thus diverting their attention from their stud- 
ies, it required another degree; if by it the pupil sought to bring ridicule upon 
a teacher, to the prejudice of good order and government of a school, still an- 
other; each would be a violation of the rules, but not each equally punishable. 
The claim of appellee that it was an attempt to pry into the secrets of the heart, 
and was a violation of the right of conscience, is scarcely sustained by the facts. 
The question, "whom did you intend to represent?" is essentially equivalent to 
"whom did you represent." Its purpose evidently was not to find out the 
thought or intent, but the act of the pupil. The question was simply what was 
the character of the picture drawn and circulated to the disturbance of the 
school. It does not appear how the rights of conscience would be violated in 
answering the question. It may be true that the picture itself, if produced, 
would furnish the best evidence, but the teacher clearly had the right, in its 
absence, and knowing nothing of its nature beyond what the pupil had already 
revealed, to seek this information directly and immediately by proper questiouL^. 
Nor can the pupil shield himself under the provisions of the law that a prisoner 
at the bar can not be compelled to answer questions which will tend to render 
him criminally liable or expose him to public ignominy. He is, in no proper 
sense, accused of crime before a court of law, authorized to sit in judgment 
under a criminal code. 

The picture, which was afterward produced, reveals anything but a right 
spirit in the pupil. Probably no one who has seen it doubts that it is a coarse 
caricature of the superintendent and his assistant. His refusal to answer was 
evidently not that he could not conscientiously do so, nor that it would tend to 
criminate nimself, but was a deliberate act of insubordination. All the at- 
tendant circumstances, the evasive and studied replies to the superintendent's 
questions, the caricature itself, and its circulation through the school during the 
absence of the superintendent, together with a previous malicious caricature of 
the same nature, all reveal a disregard for the regulations of the school, the 
respectful conduct due from a pupil, and an animus toward the teacher any- 
thing but proper. 

In our opinion, unnecessary stress was laid, in the trial before the super- 
intendent, upon the technical ground of suspension by the superintendent. The 
board having had che whole subject under investigation, including statements 
of the offenses from both the superintendent and the pupil, sustained the super- 
intendent, or in other words, suspended the pupil conditionally from the school, 
as it probably had a right to do for any one of the offenses named. This being 
a discretionary act, due weight must be given to such action by an appellate 
tribunal, especially should the board be sustained in all legitimate and reason- 



20 SCHOOL LAWS OP IOWA 

able measures to maintain order and discipline, to uphold the rightful authority 
of the teacher, and to prevent or suppress insubordination in the school. 

Reversed. 
ALONZO ABBRNETHY, 
June 8, 1874. Superintendent of Public Instruction. 



J. W. HuBBAKD V. District Township of Lime Creek. 

Appeal p-om C&rro Gordo County. 

Appeal. The execution by the board of the vote of the electors upon matters 
within their control is mandatory; from such action of the board no appeal can 
be taken. If such action is tainted with fraud, an application to a court of 
law is the proper remedy. 

Board or Directors. The board, though not bound by a vote of the electors 
directing the precise location of a schoolhouse site, is required to so locate it 
as to accommodate the people for whom it is designed. 

Board of Directors. If in the selection of a site the board violates law or abuses 
its discretionary power, its action may be reversed on appeal. 

Certiorari. A fraudulent or illegal action may be corrected by application to 
a court for a writ of certiorari. 

The electors of the district township voted a tax to build a schoolhouse ou 
what is known as the Simons road, near where it crosses the Central railroad. 
On a separate motion, the board was instructed to sell the schoolhouse known 
as number three. In accordance with the first mentioned action, the board lo- 
cated a schoolhouse site on said road, fifty feet from said crossing. From this 
action appeal was taken, the appellant claiming it to be a relocation of the site 
known as number three, and that such action was with the express intention of 
selling the schoolhouse and abandoning the site thereof. The county superin- 
tendent reversed the action of the board and the district township appeals. 

The district township coincides with a congressional township in boundaries 
and extent, and is comprised in one subdistrict. It is claimed that the action 
of the district township meeting did not represent the wishes of the people; 
that there are ninety-five voters in the district, and but twenty-seven were 
present at such meeting; also that in the location of the site the board did not 
consult the convenience of the people. 

Section 1717 provides that the electors, when legally assembled at the dis- 
trict township meeting, shall have power "to direct the sale or other disposition 
to be made of any schoolhouse, or site thereof, and of such other property, per- 
sonal and real, as may belong to the district." Section 1723 provides that the 
board "shall make all contracts, purchases, payments, and sales necessary to 
carry out any vote of the district." Section 1724 provides that the board "shall 
fix the site for each schoolhouse, taking into consideration the geographical po- 
sition and convenience of the people of each portion of the subdistrict." 

The execution of the vote of the electors by the board is mandatory; from its 
action in so doing, no appeal can be taken. In case such action is in any man- 
ner tainted with fraud, an application to a court of law is the proper remedy. 

The power to locate schoolhouse sites is vested originally in the board. Al- 
though the board has authority to locate schoolhouse sites, yet money legally 



SCHOOL LAWS OF IOWA 21 

voted by the electors for a specific purpose, must be expended in accordance witli 
such vote; if voted to erect a schoolliouse in a certain subdistrict, it can not 
legally be used to build a schoolhouse in another. While any directions of the 
voters attempting to locate precisely a schoolhouse site, are void, yet the board 
is bound so to locate it as to accommodate the people for whom designed; in the 
absence of such instructions, the board may exercise more widely its discretion 
in fixing schoolhouse sites. If in the performance of this duty it violates law, 
acts with manifest injustice, or in any manner shows as abuse of discretionary 
power, its action may properly be reversed by the county superintendent. In 
this case we do not discover that the board has in any manner failed in the 
proper performance of its duty. Reversed. 

ALONZO ABERNETHY, 
July 7, 1875. Superintendent of Public Instruction. 



E. Costing v. District Towxship of Lincoln. 

Appeal from Plymouth County. 

Schoolhouse Site. The action of a committee appointed by the board to locate 
a site is of no force until officially adopted by the board while in session. 

Schoolhouse Site. Subdistrict boundaries can not be changed in appeal relat- 
ing solely to locating a site, nor can a site be located with the expectation that 
boundaries will be changed, unless such intention of the board is shown. 

Jurisdiction. The county superintendent has jurisdiction only of the matter to 
which the appeal relates. 

Appeal. The right of appeal is confined to persons injuriously affected by the 
decision or order complained of. Ordinarily a person living in one subdistrict 
can not appeal from an action of the board locating a site in another. 

A committee appointed to locate a schoolhouse site for the accommodation of 
the residents of subdistricts number seven and nine, reported that it had selected 
the northwest corner of section ten, and afterward that it had chosen instead, a 
site about eighty rods east of the northwest corner of section eleven. There is 
no record showing that any action was taken in relation to these reports. 

Subdistrict number nine consists of the east one-half of congressional town- 
ship number 90, range 45. The appellant resides in subdistrict number seven, 
which comprises the west one-half of the same congressional township. The de- 
cision of the county superintendent is as follows: "After considering the evi- 
dence and the plat introduced, I sustain the committee in its first location at the 
northwest corner of section ten of said township." D. M. Relyea appeals. 

The power to locate schoolhouse sites is vested in the board of directors. The 
action of a committee appointed by the board to locate a schoolhouse site is of 
no force until its report is officially adopted by the board while in session. 

Section 1725 provides that the board "shall determine where pupils may attend 
school; and for this purpose may divide their district into such subdistricts as 
may by them be deemed necessary." The object of dividing a district township 
into subdistricts is to determine where pupils shall attend school. While it is 
frequently the case that pupils may more conveniently attend school in an ad- 
joining subdistrict, it would obviously be improper to locate a schoolhouse site 
expressly for the accommodation of such pupils, unless with the intention of 



22 SCHOOL LAWS OF IOWA 

subsequently making a redivision of the district township. The county superin- 
tendent lias jurisdiction only of the matter to which the appeal relates. He can 
not properly, upon an appeal relating to the location of a schoolhouse site, change 
subdistrict boundaries, nor can he locate a schoolhouse site with the expectation 
that such boundaries will ultimately be changed, unless such is shown to be the 
intention of the board. 

The right to appeal from actions of the board is confined to persons injuriously 
affected by the decision or order of which complaint is made. Ordinarily, a per- 
son living in one subdistrict can not properly appeal from an action of the board 
locating a schoolhouse site in another. 

The decision of the county superintendent is set aside, and the location of the 
schoolhouse site is left to the discretion of the board. Reversed. 

ALONZO ABERNBTHY, 

September 7, 1875. Superintendent of Public Instruction. 



J. E. Brovv^n, v. District Township of Van Meter. 

Appeal from Dallas County. 

Appeal. The adoption of the committee's report in favor of retaining the old 
schoolhouse site is an action from which appeal may be taken. 

Board of Directors. The action of the board can not be reversed upon the al- 
legations of appellant without proof, or by reason of failure to make defense. 

Board of Directors. The acts of the board are presumed to be regular, legal and 
just and should be affirmed unless proof is brought to show the contrary. 

Subdistrict Boundaries. The acts of a board changing subdistrict boundaries 
and locating schoolhouses are so far discretionary that they should be affirmed 
on appeal, unless it is shown beyond a doubt that there has been an abuse of 
discretion. 

County Superintendent. The weight that properly attaches to the discretionary 
actions of a tribunal vested with original jurisdiction does not apply to the de- 
cisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in selecting the old 
site in subdistrict number two, upon which to erect a schoolhouse, and located 
the site about eighty rods westward of the old one. From this decision the dis- 
trict township appeals, claiming in substance that the county superintendent 
erred as follows: That there was no action of the board relative to the selection 
of a schoolhouse site in subdistrict number two from which an appeal would lie; 
that the board failed, by reason of a misunderstanding, to appear and defend, and 
that it was unjustly refused a rehearing; that the old site was suitable, conven- 
ient and at the center of population, both present and prospective, and that the 
reversal of the action of the board was without sufficient cause, there being no 
evidence that it abused its discretionary power or acted with injustice. 

From the transcript, it appears that a committee was appointed to select a site 
for the erection of a schoolhouse in subdistrict number two; that it reported in 
favor of the old site, and that its report was adopted by the board. The law 
provides that an appeal may be taken by any party aggrieved, from any order or 
decision of the board. 



SCHOOL LAWS OF IOWA 23 

That there was an action of the board, and that the subject-matter to which 
such action relates is tlie location of a schoolhouse site in subdistrict number 
two, there can be no reasonable doubt, hence the action of the board was subject 
to appeal, and such appeal gave to the county superintendent jurisdiction in the 
matter of location of said schoolhouse site. 

It is the duty of the county superintendent to give due notice to all parties 
directly interested in an appeal from the board, and to afford full opportunity 
for the presentation of evidence, but the action of the board can not properly be 
reversed upon the allegations of the appellant without proof, or by reason of the 
failure of the board to be present and make defense. The acts of the board are 
presumed to be regular, legal and just, and should be affirmed by the county 
superintendent, unless proof is brought to show the contrary. In this case, how- 
ever, the board appears to have had due notice and ample opportunity to defend 
the case. It is not claimed that any additional evidence could be produced that 
would materially affect the issue; but that the board, understanding through 
popular report that the case was withdrawn, failed to be present at the trial, 
and upon this ground asks for a rehearing, which was very properly refused. 

The site selected by the county superintendent is nearly central, being eighty 
rods west of that chosen by the board. Both appear to be suitable. The eastern 
part of the subdistrict is mostly prairie land, while the western portion is, to a 
considerable extent, timber land. 

The evidence as to which site will better serve the interests and convenience 
of the residents of the subdistrict is conflicting. The board is entitled to the 
benefit of any doubt upon this point. Unless it is clearly proven that it has 
violated the law, abused its discretionary power, or has acted with manifest in- 
justice, its action should be affirmed. 

It is urged by the appellee that the same weight attaches to actions of an in- 
ferior appellate tribunal, upon appeal, that is given to tribunals having original 
jurisdiction. It is held that the action of the board in matters of which it has 
original jurisdiction, is alone entitled to this consideration by any superior tri- 
bunal upon appeal. Reversed. 

ALONZO ABBRNETHY, 

September 17, 1875. • Superintendent of Public Instruction. 



Mary M. Thompson v. District Township of Jasper. 

Appeal from Adams County. 

Teacher. When a teacher is dismissed in violation of his contract, an action in 
the courts of law will afford him a speedy and adequate remedy; when dis- 
charged for incompetency, dereliction of duty, or other cause affecting his quali- 
fications as a teacher, he has the right of appeal. 

Teacher. The teacher is entitled to the counsel and co-operation of the subdi- 
rector and board in all matters pertaining to the conduct and welfare of the 
school. 

The board discharged the teacher in one of the public schools of the district 
for dereliction of duty. She applied to the county superintendent, who reversed 
its decision; from this action, the board, through its president, appeals. 

At the hearing before the county superintendent, the board filed a motion to 
dismiss the case for want of jurisdiction, insisting that the teacher having been 
16 



24 SCHOOL LAWS OF IOWA 

dismissed in accordance with the provisions of section 1734, her proper remedy 
was an action at law for damages. 

When a teacher is dismissed in violation of his contract, an action in the 
courts of law, on the contract, will afford him a speedy and adequate remedy. 
When discharged for incompetency, dereliction of duty, or other cause affecting 
his qualifications as a teacher, he has the right to appeal to the county superin- 
tendent, who is the proper officer to review questions of this character, and to 
determine whether the board has in the exercise of its authority violated the 
law or abused its discretionary power. Questions concerning the validity of 
contracts, the right to recover for services performed, and the interpretation of 
law, belong especially to judicial tribunals. Questions concerning the character 
and qualifications of the teacher, and his management of the school, are by ap- 
peal within the jurisdiction of the county superintendent. The motion to dis- 
miss was properly overruled. 

The charges of dereliction were want of promptness in commencing school in 
the morning, and an occasional refusal to hear the recitation of one or more of 
her pupils. For this dereliction there appears to have been some extenuating 
circumstances. Under the contract, it was the subdirector's duty to have fires 
built. The boy employed to do this work often failed to have the schoolhouse 
in comfortable condition at nine o'clock. The teacher usually made up lost time 
by teaching after four o'clock, and there is no evidence that the subdirector or 
board ever advised her with regard to the performance of her duties. The board 
convened at the schoolhouse without previous notice to the teacher, and after 
taking the testimony of pupils, unanimously voted to discharge her. 

Affirmed. 

May 8, 1876. ALONZO ABBRNETHY, 

Superintendent of Pulilic Instruction. 



S. W. Woods et al v. District Township of Brighton. 

Appeal from Cass County. 

Board of Directors. The acts of the board must be presumed to be regular, 
and should be affirmed unless positive proof is brought to show the contrary. 

Schoolhouse Site. The prospective wants of a subdistrict may properly have 
vv'eight in determining the selection of a site, when such selection becomes nec- 
essary, but not in securing the removal of a schoolhouse now conveniently lo- 
cated. 

Schoolhouse Site. To make a distinction between the children of freeholders 
and those of tenants in determining the proper location for a schoolhouse, is 
contrary to the spirit and intent of our laws. 

The board by a vote of five to two rejected a petition asking the removal of 
the schoolhouse in subdistrict number eight. On appeal, the county superin- 
tendent reversed the action of the board, and ordered the removal of the school- 
house to the place named in the petition. Wm. P. Altig appeals. 

Subdistrict number eight contains sections 27, 28, 33, 34, and sixty acres ly- 
ing in section 32, and has a good commodious schoolhouse, erected three years 
ago, one-half mile west of the center, on a public road passing east and west 
through the center of the subdistrict. There are about thirty children of school 



SCHOOL LAWS OF IOWA 25 

age in the subdistrict, twenty-two of whom reside in tlie western half, and 
nineteen west of the present site. All those residing east of the present site, 
except one child, are within one and a half miles of the schoolhouse, while by 
the proposed removal, a large number would be at a greater distance. 

The action of the board in refusing to remove a schoolhouse should not be. 
interfered with on appeal, except upon evidence of violation of law, or abuse 
of discretionary power. In this case there is no evidence of such abuse. The 
prospective wants of a subdistrict may properly have weight in determining 
the selection of a site upon which to build a schoolhouse, when such selection 
becomes necessary, but not in determining the removal of a house, located con- 
veniently for the present wants of the subdistrict. 

It appears that a considerable portion of the school population consists of 
the children of tenants, and much stress is laid upon the assumed distinction 
that should be made between the children of tenants and those of freeholders, 
in determining the proper location of the schoolhouse. Distinctions based upon 
the ownership of property or permanence of residence are not made in the law, 
would not well comport with the fundamental principles upon which our pub- 
lic school system is based, and should not have weight in determining the loca- 
tion of schoolhouse sites. It is the duty of the board to provide equal school 
facilities for the youth of the district as far as practicable, regardless of con- 
siderations relating to permanence of residence. The schoolhouse may prop- 
erly be removed whenever the conditions of the subdistrict require it, but un- 
necessary expense should not be incurred in such removal in anticipation of 
possible, or even probable changes of this character. Reversed. 

July 31, 1876. ALONZO ABBRNETHY, 

Superintendent of Public Instruction. 



J. N. Arthur, et al v. Independent District of Fairway. 

Appeal from Adams County. 

Schoolhouse Sites. The necessity of the present must be observed in locat- 
ing schoolhouse sites, in preference to the probabilities of the future. 

Testimony. New testimony can be introduced only when the facts materially 
affecting the case could not have been known before the trial. 

Remanding of Cases. When the evidence discloses that the action of the 
board was unwarranted, and the facts are not sufficiently shown to determine 
what should be done, the case should be remanded to the board. 

In this case the board made an order relocating the schoolhouse site; from 
this order J. N. Arthur and others, residents of the district, appealed to the 
county superintendent, and upon his affirming the action of the board, to the 
superintendent of public instruction. 

The district consists of sections one, two, eleven, twelve, thirteen and four- 
teen, and the old schoolhouse stands near the southwest corner of the south- 
east quarter of section one. The proposed new site is in the northwest corner 
of the southwest quarter of the northwest quarter of section twelve, on a pub- 
lic highway and one-quarter oj! a mile north of the geographical center of said 
district. 



26 SCHOOL LAWS OF IOWA 

The grounds of objection by the appellants to the removal are substantially, 
that the new site is on low bottom lands and subject to overflow, not accessible 
at all times of the year, and that it is not as near the center of the school popu- 
lation as the old site. They also suggest that a location at the cross roads one- 
half mile east of the new site is better ground and more convenient to the peo- 
ple. In fixing the schoolhouse site, the geographical position and the conven- 
ience of the people of each portion of the district should be considered. 

From the large amount of testimony, it is evident that the new site chosen 
is in a low place, and an affidavit sent to this office, and signed by a number 
of residents, proves beyond question that the site has been overflowed for sev- 
eral days of the last month. By a close comparison it is found that the number 
of residents who will have their distance to school increased by choosing the 
new site, is greater than those who will have their distance diminished. By 
locating the schoolhouse at the cross roads, one-half mile east of the proposed 
new site, which location is claimed to be higher, and therefore less liable to 
overflow, three-fourths of the residents will have their distance diminished 
by forty to one hundred and sixty rods. 

Although it may be true, as affirmed in the testimony, that the western part 
of the district is as capable of settlement as the eastern part, the necessities 
of the present must be observed in locating schoolhouse sites, in preference to 
the probabilities of the future. While it is the rule of this department to sus- 
tain discretionary acts of the board, it seems that in this case the true interest 
of all concerned, and justice to a large portion of the people, demands that the 
schoolhouse should not be moved to the new site chosen. 

To what extent the high waters of last month did affect the other locations 
under consideration, is not known to this department; it is therefore best to 
let the matter come up anew before the county superintendent for a rehearing. 
The decision of the county superintendent is therefore reversed, and the case 
remanded for a rehearing, with the direction from this department that the 
proposed new site is an unsuitable one for school purposes. 

Reversed. 
C. W. VON COELLN, 

October 31, 1876. Superintendent of PuhUc Instruction. 



Wm. DONAUl V. DiSTKIOT TOWNSHIP OF SOUTH FOBK. 

Appeal front Wayne County. 

Salary of Teachers. The salary of teachers should be in proportion to their 
ability and responsibility, and not equal when these differ materially. 

Salary of Teachers. The control of salaries is wholly within the power of 
the board and can not be determined by an appeal, because it is not within the 
jurisdiction of county or state superintendent to order the payment of money. 

Explanatory Notes. Notes to the school law, while proper aids to school of- 
ficers, have not the binding force of law, and a non-compliance with them is not 
necessarily a violation of law. 

Schools. The wealthier portions of the community should aid their neighbors 
in sustaining good schools. 



SCHOOL LAWS OF IOWA 27 

On the eighteenth day of March, 1878, the board made an order fixing the 
salaries of teachers for the summer schools at the uniform price of twenty dol- 
lars per month. From this action William Donald appealed to the county 
superintendent, who affirmed the action of the board. From his decision Wil- 
liam Donald appeals. 

It is alleged by the appellant that the county superintendent erred in decid- 
ing that the board did not violate law in voting that the same amount of salary 
should be paid to the teacher in each subdistrict. It is claimed that the board 
should have provided for a higher salary in some schools of the township. 

The difficulty with appellant's counsel is that he believes the note to be a 
part of the law. My predecessor gave his own views of the employment of 
teachers and I most fully agree with him in his view. The law leaves the 
whole matter to the board and presumes that it will deal equitably. Unfor- 
tunately, selfishness is a nearly universal characteristic of human kind, and 
too often the majority, representing weak subdistricts, weak both in numbers 
and in property, demands an equal distribution of the money on hand for 

teachers' pay. 

The law organizing the rural independent districts, passed in 1872, arose 
from the feeling that this selfishness was working injustice to little towns 
and wealthy and populous subdistricts. The creation of these independent dis- 
tricts works an injustice to the weaker districts, for it is proper and desirable 
that the wealthier districts should aid their weaker neighbors to sustain fair 

schools. 

With regard to this case, we do not see wherein the board violated law. The 
idea of prejudice is slightly apparent from the testimony, but not sufficiently 
to reverse the action of the board. That equity has not been observed seems 
very evident, for it must be presumed that a larger school population requires 
a better teacher, and if a better and more experienced teacher is needed, a 
better salary ought to be paid. There are other considerations. Usually the 
expense of living is greater in the town than in the country. It is also the 
probability that a larger tax is paid by the town than by the country. 

We are not able at this distance to determine whether twenty dollars is a 
sufficient compensation for the teacher of subdistrict number four of South 
S'ork But if twenty dollars is only sufficient compensation for the country- 
subdistricts, it is our belief that a higher salary should be given the teacher 
in the town. 

It is out of our jurisdiction to give advice to the board what to do m this 
case after determining that we have no power to reverse its action, but we sug- 
gest' that equity would be served if it should pay the five dollars per month 
assumed by Mr. Anderson. After giving our views thus in full, we must agree 
with the county superintendent, and his decision is therefore Affirmed. 

C. W. VON COELLN, 

June 29, 1878. Superintendent of PuUic Instruction. 



James Jacoby et al v. Independent District of Nodaway. 
Appeal from Adams County. 
SCHOOLHOUSE SiTE. A schoolhousc sitc fixed by county or state superintendent 
affirming the discretionary act of the board, allows the board to exercise its dis- 
cretion fis:niTi. p^npciplly if mRtprim ohane-es have occurred. 



28 SCHOOL LAWS OF IOWA 

DiscKETioNARY AcTS. SuggGStions from the electors upon matters entirely with- 
in the control of the board will in no manner prevent the fullest exercise of the 
discretion vested in the board by the law. 

ScHooLHousE SiTE. The endeavor to show regard for the expressed wishes of 
the electors in the choice of a site will be an added reason in support of the 
action of the board. 

In the summer of 1877, the board located a schoolhouse site, selecting one not 
desired by a large majority of the electors, as expressed at an informal meeting 
called by the board. An appeal was taken to the county superintendent, who 
reversed the action of the board, and in turn to the superintendent of public 
instruction, who reversed the decision of the county superintendent, thereby 
sustaining the action of the board, on the ground that the abuse of the discretion 
given by the law to the board, as charged, was not proved. 

Since the decision above referred to was rendered, a dwelling has been erected 
within twenty rods of the site chosen. Also, a material addition has been made 
to the district on its east side of a strip of land three miles in length and one- 
half mile in width. 

At a meeting of the board held April 22, 1878, it relocated the schoolhouse site, 
choosing the old site in place of the one selected by it last year. From its ac- 
tion, James Jacoby and others appealed to the county superintendent, who af- 
firmed the order of the board. D. Shipley and Ed. Kennedy appeal. 

This case was before us last year and we affirmed the action of the board in 
selecting the new site, sustaining the discretionary act of the board. Hence, the 
principle that a site selected by the county or state superintendent cannot be 
changed unless there have been material changes in the district, does not apply. 
There have been changes by the addition of new territory and a dwelling being 
erected within less than forty rods of the proposed site. The choice of the old 
site is in conformity with the wish of a majority of the electors, and does not 
prove any abuse of discretion, much less a violation of law. The action of the 
board is sustained, and the decision of the superintendent Affirmed. 

C. W. VON COELLN, 

August 26, 1878. Superintendent of Public Instruction. 



L. E. CoRMACK V. District Township of Lincoln. 

Appeal from Adams County. 

Jurisdiction. An appeal will not lie to enforce a contract. 

Janitorial Services. If a teacher serves as janitor in sweeping the room and 

building fires, he should be paid from the contingent fund for such services. 

Mr. Vandyke, a subdirector, contracted with Mrs. L. B. Cormack as teacher for 
the winter term of school. The terms of the contract included that the teacher 
was to receive twenty-five dollars per month for teaching and one dollar and 
twenty-five cents a month for building the fires and sweeping the schoolhouse. 
The board refused to audit the full account, which would give the teacher pay 
for janitor's work, claiming that the said subdirector exceeded his authority in 
so contracting. Mrs. Cormack appealed to the county superintendent, who re- 
versed the action of the board. W. C. Potter, president of the board, appeals. 

This case has evidently for its object the securing of money on contract, and 



SCHOOL LAWS OF IOWA 29 

as section 1836 prevents county and state superintendents from rendering a judg- 
ment for money, it has been the common custom to refuse to entertain any appeal 
in which a contract is to be decided by such appeal; for this reason the county 
superintendent should have dismissed the case for want of jurisdiction. 

It may not be out of place here to state that unless a contract with the teacher 
provides that building fires and sweeping the house is included, the board can 
not require such service of the teacher. The payment for such services should 
come from the contingent fund and should be specifically mentioned. The teach- 
ers' fund is not to be used for paying for janitorial services. 

Without deciding any question at issue, we are of the opinion that the sub- 
director did not exceed his authority given him by section 1753 when he agreed 
to pay a reasonable sum for janitorial services besides the twenty-five dollars 
paid under instruction from the board for teachers' services. But since we do 
not consider the case within our jurisdiction, the decision of the county superin- 
tendent is reversed and the case Dismissed. 

* C. W. VON COELLN, 

March 1, 1879. Superintendent of Public Instruction. 



W. F. Rankin v. Disteict Township of Lodomillo. 

Appeal from Clayton County. 

Records. The record of the secretary shall be considered as evidence, and can 
not be invalidated by parol evidence unless there is proof of fraud or falsehood. 

Teeeitory. Where territory is to be transferred by concurrent action of two 
boards to the district to which it geographically belongs, a majority of the mem- 
bers-elect is not necessary, as required for the change of subdistrict boundaries. 

Appeal. The action of two boards upon a subject over which they have divided 
control constitutes a concurrent action, and appeal may be taken only from the 
order of the board taking action last. 

This appeal relates to the transfer of territory in the civil township of Cass, 
which has belonged to the district township of Lodomillo since 1856, to the 
township to which it geographically belongs. 

The board of the district township of Cass appointed a committee to meet a 
committee chosen by the Lodomillo board, to agree upon terms of transfer. The 
district township of Lodomillo also appointed a committee. The joint committee 
agreed upon a report, which the board of Cass adopted September 16, 1878. On 
the twelfth day of October, 1878, the Lodomillo board, by a vote of four to six 
members present of a board of ten, also adopted the report and accepted the 
proposition agreed to by the board of Cass. 

From the action of the Lodomillo board W. F. Rankin appealed to the county 
superintendent, who dismissed the case for want of jurisdiction, and stated that 
the action of the board was plainly in violation of the law, since section 1738 
requires a majority of the board to change the boundaries of subdistricts. From 
this decision W. F. Rankin appeals. 

The secretary's transcript of the transactions of the meeting of the board of 
Lodomillo, held October 12, 1878, does not show any irregularity in the transac- 

*Note — We have since learned that the teacher recovered in a suit in the 
courts at law. 



30 SCHOOL LAWS OF IOWA 

tion, does not show the number of members present nor the number of votes cast 
by which the motion was carried. 

According to a well established principle of law, the records of any public or 
private corporation must be considered regular, and can not be set aside by 
parol evidence, except under an allegation of fraud. Based upon the evidence of 
the transcript, the whole transaction was carried on in conformity with law, and 
we can see no reason to interfere with the action of the board. If we admitted 
the testimony of M. E. Axtel, showing that only six members of a board of ten 
were present, and that four of these six voted for the transfer, we would still 
hold that said transfer was legally made. The action of the board was not a 
change of boundaries of subdistricts, but a transfer under section 1798. The 
territory transferred, being part of the districts organized before the law of 1858 
took effect, could be transferred by concurrent action of the boards to the district 
to which it geographically belongs, and the limitation of section 1738, requiring 
a majority of the board to change subdistrict boundaries, is not applicable to this 
case. 

The appeal is brought from the action of the board which concurred, and is 
therefore taken in a proper manner. For the reasons set forth, the action of the 
board is sustained and the decision of the superintendent is Reversed. 

C. W. VON COELLN, 

May 28, 1879. Swperintdndent of PiiMic Instruction. 



L. B. CoLBUBN et al v. District Township of Silver Lake. 

Appeal from Palo Alto County. 

Evidence. To establish malice or prejudice on the part of the board, positive 
testimony must be introduced, and the evidence must be conclusive. 

County Superintendent. A county superintendent should not ask the state su- 
perintendent to decide a case on appeal for him, but may ask for an interpreta- 
tion of law, either by the state superintendent, or through him, by the attorney- 
general. 

On the twenty-fifth day of August, 1879, the board fixed the location of a school 
house on the old site. From this order L. B. Colburn and others appealed to the 
county superintendent, who affirmed the action of the board, and from this de- 
cision the same parties appeal. 

Among the errors enumerated, the appellants urge that the county superin- 
tendent erred in holding that the board was not actuated by passion or prejudice. 
We fail to find any evidence establishing the existence of such malice or pre- 
judice on the part of the board. Appellants also claim that the county superin- 
tendent erred in basing his decision on the verbal opinion of the state superin- 
tendent, given prior to the hearing of the case. 

This affords an opportunity of censuring a practice quite common among 
county superintendents to ask the superintendent of public instruction for his 
opinion in an appeal which is pending. We have made it a universal practice 
to refuse answers upon the questions involved in the particular case, and have 
given only general principles which should govern county superintendents in 
determining cases of appeal. These general principles are so well established 
that an intelligent county superintendent ought to be familiar with them. 

We advised the county superintendent in this case not to measure the respec- 



SCHOOL LAWS OF IOWA 31 

tive distances of the different locations from tlie geographical center, before the 
trial of the appeal. 

It is proper for the county superintendent to ascertain the interpretation of 
points of law, by securing an opinion from this department, or from the attor- 
ney-general through this department. 

Without fully determining the merits of the respective locations, we must hold 
that the board did not abuse its discretion sufficiently to warrant interference. 
The appellants failing to prove malice or prejudice on the part of the board, its 
order should stand, and the decision of the county superintendent affirming its 
action is Affirmed. 

C. W. VON COELLN, 

March 30, 1880. Superintendent of Public Instruction. 



Appleton Park v. Independent District of Pleasant Grove. 
Appeal from Des Moines County. 

Records. The official record is its own best evidence. Testimony intended to 

contradict the record should not be admitted. 

• 

Records. Records not made and certified to by the proper officers as required 
by law are defective and may be impeached by collateral evidence. 

Teacher. The law provides that a teacher shall have a fair and impartial 
trial, with sufficient notice to enable him to rebut the charges of his accusers. 

Charges. Must be clearly sustained by the evidence. 

Appleton Park was duly engaged and contracted with. He began teaching 
on the fourth day of September, 1882; after some ten or eleven days had ex- 
pired, during which time he had taught the school, he was waited upon by the 
entire board, called to the door and informed that certain rumors were being 
circulated, to the effect that he had been guilty of using obscene and vulgar 
language in the presence of his pupils, and during regular school hours. The 
board called at the schoolhouse again about the hour for closing the school 
in the afternoon, and the "school having been dismissed, it proceeded to examine 
three of the boys as to the truth of the charges above referred to. The result 
of this action was that the teacher left the school and the board employed an- 
other teacher. Mr. Park appealed to the county superintendent, who reversed 
the action of the board, whereupon D. L. Portlock, president of the board, ap- 
peals. 

The principal difficulty presented in this case seems to be to determine just 
what that action or order of the board was from which the appeal was taken. 
The transcript filed by the secretary of the board, is as follows: "Complaint 
being made by some of the scholars to the school board, in regard to the 
teacher, Appleton Park, using indecent, rough and insulting language during 
school time, the board met at the schoolhouse to make an investigation. The 
board stated the above charges to the teacher. Appleton Park, who after re- 
flecting upon the matter, proposed his resignation to the board. The board, 
after due consideration, accepted the same. The question being settled in the 
above way, and no other business before the board, the board then adjourned." 

The parol evidence of Appleton Park was admitted to offset and impeach 



22 SCHOOL LAWS OF IOWA 

the record. This was clearly in violation of well established law, if the record 
was really what it purported to be, a true and authenticated copy of the 
proceedings of the meeting of the board referred to. 

Starkie on Evidence says: "Where written instruments are appointed, 
either by the immediate authority of law, or by the compact of the parties, to 
be the permanent repositories and testimony of truth, it is a matter both of 
principle and of policy, to exclude any inferior evidence from being used, 
either as a substitute for such instruments, or to contradict or alter them; of 
principle, because such instruments are in their own nature and origin entitled 
to a much higher degree of 'credit than that which appertains to parol evi- 
dence; of policy, because it would be attended with great mischief and incon- 
venience if those instruments upon which men's rights depend were liable to 
be impeached and controverted by loose collateral evidence." Starkie, part IV. 
p. 995, Vol. Ill, 3d Amer. Ed. 

The fact that the transcript referred to is not certified to by the secretary, 
and the further fact that he was not present at the board meeting in ques- 
tion, and wrote the minutes as dictated from memory by the president of 
the board, three days after the meeting, fully justified the superintendent in 
ruling it out and in admitting parol evidence. • 

We come now to consider whether the trial before the board was such a 
proceeding as is required by section 1734. The board called in the morn- 
ing and informed the teacher of the charges preferred against him, where- 
upon he offered to resign. It instructed him to proceed with his school ana 
stated that it would return in the evening. During the day the board worked 
up its case against the teacher, while he was so employed as to prevent him 
from giving thought or attention to the charges, or to the preparation of any 
adequate defense. 

We must sustain the superintendent in finding that the trial and oppor- 
tunity to defend was not what the law intends every teacher shall have. Every 
teacher is entitled to the sympathy and support of the school board, and where 
there is any reasonable doubt as to the truth of stories circulated by school 
children, the teacher should have the benefit of such doubt. We believe that 
had the board been in sympathy with the teacher in this instance, it would 
have decided that the charges were not sustained by the evidence, at least 
by any evidence which appears of record. That the teacher offered to resign 
in the evening does not appear from the evidence offered in behalf of the 
board, while it does appear that at least one member of the board told him 
"he had better quit." 

We are compelled to hold that the teacher was dismissed, and that in doing 
so for no sufficient reason the board erred and the decision of the county su- 
perintendent is therefore Affirmed. 
* J. W. AKERS, 
February 16, 1883. Superintendent of Public Instruction. 



*Note. — Our supreme court rendered a decision regarding the measure of damages- 
resulting from tlie wrongful discliarge of tliis teacher. The opinion is found in 6.:i 
Iowa, 209. 



SCHOOL LAWS OF IOWA 



J. B. B. Baker v. Independent District of Waukon. 

Appeal from Allamakee County. 

Rules and Regulations. In establishing and enforcing regulations for the 
government of scholars the board has a large discretion. 

On the seventh day of June, 18S6, Maud Baker was suspended for re- 
peated violation of a rule of the board, known as rule five, which reads as 
follows: "Any scholar who shall be absent five half-days in four consecutive 
weeks, without any excuse from pairent or guardian satisfactory to the teacher 
that the absence was caused by said pupil's sickness, or by sickness in the 
family, or in the primary grades, by severity of the weather, shall forthwith 
be suspended. No pupil so suspended shall be reinstated without a permit 
from the principal." 

Rule twelve provides that the principal of the school may suspend pupils 
temporarily, and that he shall immediately notify the parent or guardian of 
a suspended child of such suspension, the notice to be in writing, and fur- 
thermore, that he shall immediately inform the board of his action. 

Maud Baker was absent without excuse, and when called to account for 
her absence stated that she had gone on a fishing excursion, and expected to 
go the week following. Having failed to render a satisfactory excuse, she 
was suspended, as above stated. Notice in writing was sent to parent, as re- 
quired by rule five, and the board informed of the suspension. The board 
approved the action of the principal. J. B. B. Baker appealed to the county 
superintendent, who reversed the action of the board. D. W. Reed appeals. 

The facts in this case are not controverted. It appears in evidence that 
the suspension of Maud Baker was reported to the board, and that a special 
meeting of the board was held for the consideration of the act of the prin- 
cipal. Maud Baker was present at this meeting of the board, and the presi- 
dent testifies that he read to her the rule under which she had been sus- 
pended, and asked her to give the board some promise of amendment in the 
future, as a condition of reinstatement and she replied that she would not 
make any promise for the future, and expected to go fishing the following 
week. 

The county superintendent finds that the suspension was made in com- 
])liance with the rules of the board for the government and regulation of the 
schools, and that the act of the principal in suspending, and of the board in 
approving his action, was without prejudice or malice. The board was re- 
versed on the ground that the law does not confer upon the principal, or the 
board, power to suspend for the cause for which Maud Baker was suspended. 

The case turns, therefore, upon the power of the board to establish and 
enforce a rule providing for the suspension of pupils, who are absent a given 
number of days, ' or half-days, without a satisfactory excuse. The point has 
been fully discussed and settled by our supreme court in the case of Burdick 
V. Babcock, 31 Iowa, 562, and need not be considered here. Murphy v. Inde- 
pendent District of Marengo has been cited, but does not apply, as in that case 
3 



34 SCHOOL LAWS OF IOWA 

it is stated that the offense for which the pupil was dismissed was not in vio- 
lation of any rule or regulation. 

We are compelled to overrule the decision of the county superintendent, and 
to sustain the action of the board. Reversed. 

J. W. AKERS, 

October 23, 1886. Superintendent of Piihlic Instruction. 



N. R. Johnston v. District Township of Utica. 

Appeal from Chickasaiv County. 

Mandamus. To compel the performance of an official duty, appeal sometimes 
consumes valuable time. Mandair.us is often a more speedy and better remedy. 

Discretionary Acts. Action by the board unduly delaying the final considera- 
tion of an important matter, may be regarded as an evidence of prejudice. 

The issues involved in this case were the formation of a new subdistrict to 
be known as number twelve, and the providing for a school during the winter 
of 1887-8, pending the election of subdirector for the new subdistrict. The 
case came in due order to the county superintendent on appeal, and from his 
decision the board appeals. 

At its meeting on the nineteenth of September, 1887, the board had before 
it a petition signed by Caleb Boylan and others, to redistrict number two, 
and to form a new subdistrict. After various motions it was voted to adjourn 
to the second Saturday in February, 1888, to consider said petition. Appeal 
was taken to the county superintendent. 

At the trial before that officer, October 27, 1887, and adjourned to October 
31, a motion was made to dismiss the case, on the ground that the matter 
was still pending before the board, as no final action had been taken by that 
body. The motion to dismiss was overruled, and the county superintendent 
proceeded to hear the case. Did the county superintendent commit an error? 
We think not. 

Without impugning in any way the motives of the board, its action in ad- 
journing to a date as late as the second Saturday in February, was calculated 
to delay and defeat the prayer of the petitioners. The aggrieved parties had 
an undoubted right to appeal, but we regret that they did not avail themselves 
of the more speedy remedy of resorting to the courts. A writ of mandamus 
would undoubtedly issue in such a case, compelling the board to perform its 
enjoined duty. 

A motion to dismiss on the ground that there was no evidence to show 
that the board acted with passion, prejudice, or injustice, was also very 
properly overruled. The action of the board delaying the whole matter until 
the second Saturday of February, 1888, was in our opinion an act of manifest 
injustice, which the superintendent very properly took into account in making 
his decision. 

The county superintendent reversed the action of the township board and 
ordered the new subdistrict, number twelve, to be formed, with an extra school 
for the winter of 1887-8, in accordance with the prayer of the petitioners. 
Ought his decision to be sustained? 

A careful review of the evidence In the case, including the plat "exhibit 



SCHOOL LAWS OP IOWA 35 

A," shows that the township of Utica is divided into eleven subdistricts, some 
of tliem very large and irregular in shape. A better division than tliat pro- 
posed by the formation of the new subdistrict, number twelve, can possibly 
be made. The county superintendent, however, provides for this, as his de- 
cision does not prevent any changing of the boundaries of subdistrict lines, 
if necessary to facilitate the school privileges of the township. 

A new subdistrict is needed to furnish reasonable school facilities for the 
children in that neighborhood, and so far as ordering the new subdistrict to be 
known as number twelve, is concerned, the decision of the county super- 
intendent is Affirmed. 

HENRY SABIN, 

March 15, 1888. Superintendent of Public Instruction. 



Jacob Deck et al v. Disteict Township of Eden. 

Appeal -from Decatur County. 

Stibdistbict Boundaries. A case involving a change of subdistrict boundaries, 
having been adjudicated by the county superintendent reversing the action of 
the board, and being affirmed by the superintendent of public instruction, can 
not again be brought upon appeal, unless it can be shown that some change 
materially affecting the conditions of the case has taken place since the date of 
the former decision, 

Subdistrict Boundaries. In changing subdistrict boundaries, both the present 
and the future welfare of the district township should be considered. 

Subdistrict Boundaries. A subdistrict long established, embracing a territory 
having a sufficient number of scholars to maintain a good school, should not be 
abolished, unless the general school facilities of the township will be improved 
thereby. 

On the nineteenth day of September, 1887, the board voted to abolish subdis- 
trict number eight. Jacob Deck and others appealed to the county superintend- 
ent, who on the fifth day of December rendered a decision reversing the action of 
the township board, and the board appeals. 

The counsel for the directors urged in their written argument that the county 
superintendent should be required to send up to this department all the testi- 
mony taken in the trial before her. It was certainly the duty of the county su- 
perintendent to send up all the testimony upon which she based her decision. In 
the absence of any proof to the contrary, the presumption is that the transcript 
furnished by her contains all the testimony on file in her office. There is no 
proof offered that she has not complied with the law in all respects. 

On the twenty-sixth day of December, 18S5, the county superintendent ren- 
dered a decision reversing the action of the board in abolishing subdistrict num- 
ber eight. As no material changes have taken place since then, in the condition 
of the township, does that former decision act as a bar to any further proceed- 
ings In this case? We think not. 

The principle enunciated here is undoubtedly correct. A case involving a 
change of subdistrict boundaries, having been adjudicated by the county superin- 
tendent reversing the action of the board, and being affirmed by the superin- 
tendent of public instruction can not again be brought upon appeal, unless it can 



36 SCHOOL LAWS OF IOWA 

be shown that some change materially affecting the conditions of the case has 
taken place since the date of the former decision. In this case, however, the 
decision of the county superintendent can not act as a bar to further proceed- 
ings, because the district board did not take an appeal. Such proceedings can 
not be considered as final in such a sense until they have been affirmed by the 
superintendent of public instruction. 

It is urged that the county superintendent erred in taking into consideration 
the distance which many of the pupils must travel in order to reach their school, 
if the action of the township board, abolishing subdistrict number eight, is af- 
firmed. The law does not contemplate that one and one-half miles is in all cases 
an unreasonable distance. It depends largely upon the age of the pupil and upon 
the condition of the roads. In the case before us a natural obstacle, the Little 
Turkey river, must be taken into consideration. The opening of additional roads 
and the construction of a bridge would simplify matters somewhat, but no steps 
have been taken to accomplish this. Until this is done, to abolish the school in 
number eight would impose an undue hardship upon a large number of pupils. 

What are the conditions of the school as at present constituted? The report 
of the secretary put in evidence, shows that the. school in number eight will 
average with other subdistricts in the number of pupils enrolled; it is above the 
average in daily attendance, and below the average in cost of tuition. The board 
fails to show that reduced numbers render it expedient to abolish this subdistrict, 
nor does it show that the township is excessively taxed to support its schools. 

This department has already ruled that subdistrict lines, which have been long 
established, embracing a territory having a sufficient number of pupils to main- 
tain a good school, should not be disturbed, unless it can be proved that the gen- 
eral school facilities of the township will be improved by the change. 

The board does not show that there is any general benefit to be expected from 
the proposed change of boundaries, nor does it prove that any existing necessity 
makes it desirable. The board undoubtedly intended to act fairly toward all, but 
we think it failed to properly consider all the circumstances involved in its ac- 
tion. The decision of the county superintendent is therefore Affirmed. 

HENRY SABIN, 

March 16, 188S. Superintendent of Public Instruction. 



J. S. FoLSOAi et al v. District Township of Center. 

Appeal from Cedar County. 

Rehearing. To warrant a rehearing, some valid reason must be urged. 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant tes- 
timony is occasionally admitted. 

ScHooLHOusE SiTE. Every dwelling-house must be taken into account, as someone 
entitled to school advantages may hereafter reside there. 

ScHooLHousE SiTE. When it is the evident intention of the board to relocate the 
site as near as possible in the center of the subdistrict, in order to furnish equal 
school facilities to all the residents, its action should not be materially inter- 
fered with. 



SCHOOL LAWS OF IOWA 37 

The transcript in this case shows that on the twenty-first day of March, 1887, 
at a meeting of the board, a committee was appointed to investigate the needs of 
subdistrict number two and report at the meeting in September. It further 
shows that on the nineteenth day of September, 1887, such committee reported, 
recommending tliat tlie new house be built for said subdistrict, to be located in 
tlie center of the district. Tlie report was received and the committee dis- 
charged. The report was also, upon motion, laid upon the table. 

On the nineteenth day of March, 1888, at a meeting of the directors, the above 
report was finally adopted and a building committee was appointed to confer 
with the county superintendent in regard to plans and specifications. From this 
decision of the board Folsom et al, appealed to the county superintendent, and 
the case was heard at Tipton on the ninth day of April, 1888. The records in the 
county superintendent's office show that the appellee consented to the filing of 
an amendment to the affidavit by appellant, and that the appellee filed a motion 
to modify the decision of the board, and the trial then proceeded. On the eleventh 
day of April the county superintendent filed a decision reversing the action of 
the board. On the seventeenth day of April, 1888, a motion was filed for a re- 
hearing, within the time given by the county superintendent. On the nineteenth 
day of April, 1888, the motion for a j-ehearing was argued before the county su- 
perintendent and overruled. From the decision of the county superintendent the 
board appealed to the superintendent of public instruction, and the whole case 
came up on a hearing before him on the fifth day of June, 1888. 

The first question to be decided is: Did the county superintendent err in over- 
ruling the motion for a rehearing? A rehearing of such a case can be granted 
only when it can be shown that some injustice has been done, or some mistake 
has been made which can be corrected by a new trial; or when some additional 
evidence has been discovered which is in favor of the party applying, but which 
could not have been presented before by reasonable diligence. The affidavit upon 
which the motion for a rehearing was based failed to show any such reasons. All 
the main points alleged therein had already been ruled upon by the county su- 
perintendent, and we think she did not commit any error in overruling the mo- 
tion. This also disposes of all the testimony sent up in support of the motion 
for a rehearing; these affidavits will not be taken into account in the final de- 
cision. 

It is not necessary here to determine the legal residence of William Busier. 
His own testimony is that the distance from his residence to the site selected by 
the board is one and one-fourth miles. The fact that Mrs. Morgan does not desire 
to send to school is not material. It is not the individual but the residence that 
is to be considered. Some other person living at the same place may hereafter 
desire school privileges. 

We are now free to approach the main question upon which issue is joined. 
The testimony shows that the directors desired to relocate the schoolhouse in 
subdistrict number two in a more central location; no other reason is assigned 
for the contemplated removal. There is nothing to show that the present site is 
unsuitable, except that it does not well accommodate the pupils from the north- 
ern part of the district. In this determination to relocate the site near the cen- 
ter, there is no evidence of any abuse of discretion on the part of the board 
and we think this action should not be interfered with. 

There is, however, evidence which shows that the exact acre which the com- 
mittee staked out is not a desirable site for a building. The board itself ac- 



38 SCHOOL LAWS OF IOWA 

knowledges this in its amended order by which the site is removed ten rods 
north. 

The county superintendent, in her decision, locates the site upon a piece of 
ground known as the "grave-yard site." It is urged that the county superintend- 
ent has only appellate jurisdiction, and must therefore confine her decision to 
the two sites upon which the parties joined issue. She seems to have entertained 
some such idea, as she sustained a motion to rule out all testimony in regard to 
the unsuitableness of the grave-yard site when such evidence was offered in the 
original trial. We think that such evidence should have been admitted. 

In April, 1866, the Hon. O. Faville, then superintendent of public instruction, 
obtained this opinion from Hon. F. E. Bissell, then attorney-general: "The case 
does not come before him (the county superintendent) merely to correct an er- 
ror of the board of directors, but to hear and decide the same matter that the 
board had decided. The county superintendent is not limited to an affirmance or 
reversal of the action of the board, but he determines the same question that the 
board determined." See also JoUn Clark v. District Toiimship of Wayne, page 47, 
School Law Decisions of 1876. 

To this opinion the decisions of this department have always conformed. The 
county superintendent, therefore, did not go beyond her jurisdiction in selecting 
a site different from any which had been considered by the board. 

We can not see, however, that the grave-yard site has any advantage over the 
old site. It is irregular in shape, and is about as far north of the center of the 
subdistrict as the present site is south. In fact, its selection as a site for the new 
building defeats the very end which the board had in view in its action locating 
the site in the center of the subdistrict. * 

The case is remanded to the board with instructions not to build upon the site 
selected by the committee, but to select the best site possible within a distance 
not more than forty rods from the center of the site staked out by the committee; 
the south corner of said site, however, to be at least fifteen rods north of the 
south corner of the committee's site; said site also to contain not less than an 
acre, and to be as nearly square in form as the circumstances will admit. The 
decision of the county superintendent is Reversed. 

HENRY SARIN, 

June 7, 1888. Superintendent of Public Instruction. 



P. O'Connor, Jr., v. District Township of Badger. 

Appeal from Webster County. 

JtrsisnicTiON. In most matters with which boards have to do under the law, 
their authority and responsibility are absolute, and their jurisdiction is complete 
and exclusive. 

Jurisdiction. A former order of the board, or a decision of the county superin- 
tendent on appeal, will not operate to prevent the board from exercising its dis- 
cretion anew, when good reasons exist for such action. 

Rehearing. To obtain a rehearing the necessity must be clearly shown. 

Discretionary Acts. In the exercise of discretion, the benefit of every reason- 
able doubt must be given in favor of the correctness of official acts. 



SCHOOL LAWS OF IOWA 39 

Appeal. The hearing is not to be conducted by a rigid adherence to the teclmical 
forms and customs wliich prevail in the courts. 

At a special meeting of the board held February 10, 1888, it was voted to re- 
move the schoolhouse in subdistrict number seven, forty rods north from its 
present site. P. O'Connor, Jr., appealed to the county superintendent, who heard 
the case on the twenty-third day of April and affirmed the action of the board. 
P. O'Connor, Jr., appeals. 

The proceedings in this case are regular and the facts admitted by both parties. 
The only point in dispute is this: On the tenth day of November, 1887, the coun- 
ty superintendent heard the same case and rendered his decision reversing the 
action of the board. As the board did not see fit to appeal, and as no material 
changes have taken place in the subdistrict, it is claimed that the decision of the 
county superintendent rendered November 10, 1887, must be considered as final, 
and that no further proceedings can be had in the case. If this allegation is true, 
then the county superintendent committed error in not dismissing the case. 

Let us examine it a moment, that we may arrive at the intent of the law. 
It is plain that the law reposes great confidence in the discretionary acts of 
a board of directors. The instructions from the department of public in- 
struction to county superintendents have always been that such discretionary 
acts are to be affirmed unless it can be very clearly shown that the board 
has in some way abused its powers; if there is a doubt, even, the board is 
to have the benefit of it. It has become a well established principle that 
the conduct of the schools and the location of schoolhouses should be left 
with those officers who have the closest relation to the people for whose benefit 
the schools are maintained. With this principle this department is not willing 
to interfere. 

Is it right, then, that in this present case because the county superintendent 
reversed the board in November, 1887, it should be left without further rem- 
edy? We think not. After its former action was reversed, the board had 
its choice of three courses of action; it was bound to take the one which 
it believed to be for the best interests of the subdistrict. 

It could ask for a rehearing, but to obtain that it must be able to show 
that some very grave mistake had been made, or that it had discovered some 
additional evidence which could not have been presented before by using reason- 
able diligence. 

It could appeal to the superintendent of public instruction, but in that event 
it must base its case wholly upon the evidence as presented before the county 
superintendent, as this department has no right to hear additional testimony. 

It could begin the case de novo, amend its record if it was faulty, supply 
omissions, introduce new testimony, and perfect its proceedings in such ways 
as to obtain a possible different decision from the county superintendent, or 
so as to make a stronger case before the superintendent of public instruction 
if either party found it necessary to appeal to him. 

In this case the board chose the last remedy, and we think it was wise 
in doing so, as the most ready manner of obtaining a final adjudication of the 
whole matter. 

After careful study of the authorities cited by counsel, we can only reach 

this conclusion. If the aggrieved party fails to appeal within the thirty days 

allowed by the law, the decision of the county superintendent becomes final as 

far as that particular case is concerned; but we find nothing in the law to war- 

17 



40 SCHOOL LAWS OF IOWA 

rant the conclusion that a reversal by the county superintendent acts as a bar 
to any further proceedings because the district board did not then and there take 
an appeal to the superintendent of public instruction. Such a conclusion would 
defeat the ends aimed at by the law in placing the management of the schools in 
the hands of the school officers as chosen by the people. The county superintend- 
ent and the superintendent of public instruction, in hearing these appeal cases 
have the jurisdiction, somewhat of a court of equity and are not bound by a rigid 
adherence to the technical forms and customs which prevail in the courts 
of justice. 

In reaching this conclusion we are supported by the case of Morgan v. Wilfley 
et al., 70 Iowa, 338. "The power to redistrict and change subdistricts is con- 
ferred upon the board by the statute, and action in that direction, for suffi- 
cient cause, can not be considered as unauthorized." The power to change or 
fix the schoolhouse site is conferred in the same manner. Further: "The board 
of directors can not be so fettered by its prior action, or by legal proceedings that 
it may not, at any time, for sufficient cause, redistrict the township, as in its 
best judgment may be demanded by the interest of all the children of the dis- 
trict." The principle here enunciated is so broad that it applies to all the actions 
of the board, and it is not necessary to dwell upon it. 

In regard to the merits of the case, there is nothing to be said. There is no 
evidence to show that the board abused its authority, and consequently no rea- 
son for setting its order aside. The decision of the superintendent is 

Affirmed. 
HENRY SABIN, 

July 9, 1888. Superintendent of Puhlic Instruction. 



G. W. Davis, et al v. District Township of Linn. 

Appeal from Linn Coxinty. 

Appeal. Will not lie to control the action of a board or of the county superin- 
tendent, where concurrence is provided for. 

Tuition. To enable the districts in which the children reside to collect tuition, 
all the requirements of the law must first be fulfilled. 

At its regular meeting on the eighteenth of March, 1889, the board passed a 
resolution excluding from the privileges of the school, in subdistrict number 
seven, children from the independent district of Laurel Hill, in Jones county, 
who had from time to time for many years, been allowed to attend the school in 
said subdistrict number seven. On the thirteenth of April the board considered 
a petition of parties in the adjoining district of Laurel Hill desiring to send to 
the school in Linn township, and passed an order refusing to admit their schol- 
ars. From this action, G. W. Davis and others appealed to the county superin- 
tendent, who heard the case on the ninth of May, affirming the order of the 
board. From his decision G. W. Davis appeals. 

The attendance of scholars living in an adjoining district is governed by sec- 
tion 1793. By the portion of the section to which this appeal relates, children 
may attend in another district on such terms as may be agreed upon by the re- 
spective boards. In the history of this case, it is not shown that any action was 
taken by the board of Laurel Hill as to agreement regarding terms of attendance. 



SCHOOL LAWS OP IOWA 41 

The board of the district township of Linn refused to admit the scholars in 
question. It is from tliis order, an initial action, that appeal was taken. 

At the trial before the county superintendent a statement of facts was 
submitted and was agreed to by both parties to the appeal, as a basis upon 
which the appeal should be heard. At this point the board by its attorney 
filed a demurrer, urging that the county superintendent could not acquire 
jurisdiction; that the action of the board complained of was not subject to 
revision upon appeal and asking the county superintendent to dismiss the case 
for want of jurisdiction. The demurrer was overruled, the case was tried 
on the agreed statement of facts, and the order of the board affirmed. Did 
the county superintendent err in overruling the motion to dismiss the case 
for want of jurisdiction? We think he did. 

If the boards fail to agree upon terms of attendance, certain conditions re- 
garding distance from the respective schools being fulfilled, as they are in 
this case, section 1793 itself provides the next step to be taken. The county 
superintendent of the county in which the children reside may give his con- 
sent with that of the board of the district where the children desire to attend, 
admitting them. But from the refusal of the board to admit the children it is 
held and has been uniformly held in opinions by this department, that appeal 
will not lie. It has always been conceded to be the intention of the law- 
makers to leave with the board of the district in which the school is main- 
tained, the matter of determining finally and conclusively, if it chooses, that 
scholars shall not be admitted under the provisions of section 1793. If its con- 
sent is withheld, neither the courts of law nor any appellate tribunal may set 
aside its order of refusal, and compel it to admit outsiders and accept as com- 
pensation for their instruction the amounts fixed by section 1793. We have 
referred to this matter at such length, because the counsel for the appellant 
urges the claim that the case should be remanded for a new trial. 

We are compelled to find that there are but two methods in law, by which 
attendance in subdistrict number seven may be secured for their children by 
the appellants. The two boards may agree as to the terms of attendance. Or 
after they have refused to agree the concurrent consent of the county super- 
intendent of Jones county and the board of the district township of Linn, will 
entitle the children to attendance and bind their home district for the ex- 
penses of their instruction in the manner provided by section 1793. But appeal 
will not lie to control the action of either board or of the county superin- 
tendent. Reveksed and Dismissed. 

HENRY SABIN, 
August 6, 1889. Superintendent of Puhlic Instructio'n. 



ISHAM WaTKINS V. INDEPENDENT DISTRICT OF EMPIRE. 

Appeal from Marion County. 

Appeal. An appeal will not lie from an order of the board initiating a change 
in boundaries, where the concurrence of the board of an adjoining district is 
necessary to effect the change. 

Appeal. Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board con- 
curring or refusing to concur, but not from the order of the board taking 
action first. 



42 SCHOOL LAWS OF IOWA 

Jurisdiction. The jurisdiction of an appellate tribunal is not greater than 
that of the board from whose action the appeal is taken. 

On the sixteenth of September, 1889, the board of the independent district 
of Highland determined to notify Isham Watkins of Empire district, that his 
children could not any longer attend the school in Highland district. The 
records show that it was willing that he should be attached to Highland dis- 
trict. This was taken as an initiatory movement. Isham Watkins petitioned 
the board of the Empire district to set off the north half of northeast quarter 
of sections 25, 75, 21, to the independent district of Highland. The petition 
was rejected; in effect the Empire board refused to concur. An appeal was 
taken to the county superintendent, who ordered that the northeast quarter 
of northeast quarter of section 25 be detached from the independent district 
of Empire and attached to the independent district of Highland. 

Of the several questions involved in this case it is necessary to discuss 
only one. Did the county superintendent exceed his jurisdiction? The board 
of Highland initiated an action. The board of Empire district must either 
concur or non-concur, and from its action an appeal could be taken. If it did 
not choose to accede to the proposition of the Highland district, then action 
in that particular ended with its vote to non-concur. If it had a different 
proposition to make, as for instance granting forty acres, it could only initiate 
a movement to that effect and leave it for Highland district to act, and from the 
action of the latter board an appeal could then be taken. 

In this case the county superintendent initiates a new action, and leaves 
it for Highland district to act. Now, if this action is allowed to stand, anyone 
aggrieved may take an appeal from the action of the board of the Highland 
district. He would then have an appeal brought before the county superin- 
tendent from an action which he himself initiated. It might be further agreed 
that if the county superintendent has original jurisdiction, then this appeal 
can not lie, as an appeal can be taken only from the order of the board com- 
pleting the action. The precedents established have been followed closely by 
this department and we can see no reason for breaking away from them. 

It is held that in cases requiring the concurrent action of two boards, the 
board completing the action can only concur or non-concur. Any action in- 
volving a new proposition initiates a new case, which must be passed upon by 
the other board concerned in the matter, and from which an appeal can be 
taken. It is further held that the county superintendent upon appeals is lim- 
ited to reversing or affirming the action of the board completing the action, 
and that he can not assume original jurisdiction and do what the board ap- 
pealed from could not do. 

It seems apparent that Mr. Watkins has not reasonably good school facilities, 
and we regret that we are compelled to set aside the decision of the county 
superintendent. He was actuated by laudable motives and was looking for 
the best interests of the children in this case. We are, however, forced to the 
conclusion that the county superintendent erred in assuming original juris- 
diction. Reversed and Dismissed. 

HENRY SARIN, 

March 18, 1890. Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 43 



Robert Maxwell v. District Township of Lincoln. 

Appeal from Union County. 

Proceedings. The regularity of all the proceedings will be presumed upon. 
This is true in an especial sense when the records are more than usually 
complete. 

Teacher. In the trial of a teacher the board is bound carefully to protect the 
interests of the district and to seek the welfare of the school, as well as to 
regard the rights guaranteed to the teacher. 

Notice. Appearance at the trial is a complete waiver of notice. 

Records. The record of the secretary must be considered as evidence, unless 
there is proof of fraud or falsehood. 

On the ninth day of December, 1SS9, the secretary, acting upon a petition 
signed by five residents, called a Ineeting of the board for December 14th, to 
examine the teacher of subdistrict number eight. A notice was also served 
upon the teacher the same date, signed by the secretary, both the call and the 
notice being spread upon the records in due form. The meeting was held on 
December 14th. The records show that the appellant was present and ob- 
jected to the consideration of the charges, as the proceedings were not in ac- 
cordance with section 1734. At the same time he demanded a copy of the 
charges and that one week be given him in which to prepare his defense, 
which demand was complied with and the board adjourned to December 21st. 

If the appellant had moved to dismiss the case it would not have been 
an error to sustain the motion, but he submitted to the jurisdiction of the 
board and obtained a continuance of the case until December 21st. It must 
be held that by this action he waived any defect or irregularity in the jurisdic- 
tion of the board in this case. The purpose and object of the process, as 
pointed out in section 1734, was fully accomplished. See Wilgus et al. v. 
Gettings et al., 19 Iowa, page 82. At the meeting held December 21st the board 
voted to discharge the teacher. An appeal was taken to the county super- 
intendent, who affirmed the board. The appellant appeals to the superin- 
tendent of public instruction. 

The only question before the county superintendent was whether the 
conditions as prescribed in section 1734 were fully complied with. It is alleged 
that while the teacher was present he was not allowed to make his defense. 
The secretary's transcript furnishes the only means of determining this. The 
records show that he was allowed to cross-examine witnesses, and they do 
not show that he was barred from offering evidence had he chosen to do so. 
There can be no question of the power of the board under the law to discharge 
the teacher. It is held in the case of Kirkpatrick v. Independent District of 
Liberty, 53 Iowa, 585, that the board does not act as a court, in any strict 
sense, and is not bound by the rules applicable to a court. The intent of the 
statute is evidently, while it guards carefully the rights of the teacher, to en- 
able the board to discharge a teacher who, after a careful investigation, is de- 
termined to be unfit for the position. It is termed "a simple and inexpensive 
way of determining rights." It is claimed by the counsel for the appellant 



44 SCHOOL LAWS OF IOWA 

that when a certain mode is prescribed in determining a case not in the usual 
course of the common law, such mode must be followed, and reference is made 
to the case of Cooper v. Sunderland, 3 Iowa, 114. But it is held in the same 
case that when sufficient evidence appears on the face of the records to give it 
jurisdiction under the law conferring the power, then the presumption attaches 
in favor of the remainder of the proceedings of the court. If the action of the 
appellant in appearing for trial gave the board jurisdiction, then all the pro- 
ceedings must be held to be regular. The discharge of a teacher is largely 
within the discretionary power of the board. It is to guard the rights of the 
district and the interests of the school, as well as the rights of the teacher. 
After a full and fair investigation it is its duty to act as it deems best, under 
all the conditions and circumstances of the case. See Smith v. Township of 
Knox, 42 Iowa, 522. This being the case, it is the duty of the county super- 
intendent not to interfere with the action of the board unless he is con- 
vinced that it in some way abused its discretion. He is right in sustaining the 
board, even though as an individual he would have preferred some other action 
on its part. 

Our conclusion is, after a careful consideration of the matter and after 
reading the transcript with unusual care, that the defendant had a fair and 
impartial trial, and that the terms of the law were substantially complied with. 
The decision of the county superintendent is Affirmed. 

HENRY SABIN, 

June 12, 1890. Superintendent of Public Instruction. 



Elisha and Elda Tanner v. Independent District of Clarence. 

Appeal from Cedar County. 

Affidavit. A technical error in the affidavit not prejudicial to either party 
will not defeat the appeal. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any one interested. 

School Privileges. The law is to be construed in the interest of the child. 
The actual residence of the scholar at the time will establish the right to at- 
tend school free of tuition. 

The board excluded Elda Tanner from school until such time as her tuition 
is paid, on the ground that she is a non-resident pupil. The county superin- 
tendent, on appeal, reversed the action of the board and appeal was taken 
to the superintendent of public instruction. It was claimed before the county 
superintendent that inasmuch as the affidavit upon which the appeal was based 
was without the seal of the notary public, that there were no grounds upon 
which the appeal could be legally based. While it is true that the notarial 
seal is necessary to constitute an affidavit, in this case the notary public was 
present at the time of trial and under oath testified that the omission of 
the seal was only an oversight on his part, and that the persons therein desig- 
nated did make oath to the paper and affix their signatures to it in his presence, 
then he also there affixed the notarial seal. It is held that since no interests 
were prejudiced by the error which at the best was only technical, the county 
superintendent did not commit an error in overruling the motion to dismiss 
the case. 



SCHOOL LAWS OF IOWA 45 

The allegations of facts made by Elda Tanner are that she is sixteen years 
of age, that her father and mother have parted, and that for ten years or more 
she made her home in the family of Mrs. McCartney in Massilon township. 
Before she came to Clarence she had an understanding with her father tnat 
she was to care for herself thereafter. She also claims that, being thus emanci- 
pated from her father's control, she chose to become a resident of Clarence, 
and as an actual resident of that school district is entitled to the privileges 
of school under the provisions of section 1794. 

It is of interest to ascertain how far such an agreement constitutes eman- 
cipation of a minor child. It is held in 1 Iowa, 356, that in the absence of 
statutory requirements such emancipation need not be evidenced by any formal 
or record act, but may be proved like any other fact. The evidence of Elda 
Tanner in this case is corroborated by that of her father, and of Mrs. Mc- 
Cartney, who was present during the conversation. We are disposed to hold 
that Elda Tanner under the facts as sworn to before the county superin- 
tendent was at liberty to choose such a place of residence as seemed to her 
most fitting. The evident and beneficient intent of the law is that no child 
shall be deprived of school privileges. The father of a family may move into 
the district from an adjoining State, and although certain time must elapse 
before he is entitled to vote he may place his children in school the very 
day he arrives. In the same spirit it has been held that children living in 
families in which their work compensates for their board, are actual residents 
and are entitled to school privileges. The law is to be construed in their in- 
terests. The district is entitled to have such children enumerated, if they are 
thus actual residents at the time the school census is taken. We do not under- 
take to decide that parents or guardians can transfer children from one district 
to another for school purposes alone, but only that those who are actual resi- 
dents under the provisions of the law may attend school without the payment 
of tuition. While it is true in general that the residence of a child is the 
same as that of the parents or guardian, the law evidently contemplates ex- 
ceptions to this general rule and leaves the right to attend school to be estao- 
lished by the actual residence of the child. Any other construction would not 
be in accordance with the spirit of the law, and would deprive many children of 
the right to attend the public schools. 

In this case the question of residence is largely one of intent. The testimony 
of Elda Tanner is to the effect that she was at the time of attendance an actual 
resident of Clarence, and had no other residence. It was competent for the 
board to disprove this, but we do not find the evidence to that effect conclusive. 

It is held that the board erred in excluding Elda Tanner from school and 
the decision of the county superintendent is 

Affirmed. 
HENRY SABIN, 

April 24, 1891. Superintendent of Public Instruction. 



J. C. Reed ct al. v. District Township of Eagle. 

Appeal from Sioux County. 

SuBDisTRicTs. The board should be encouraged in forecasting a general plan 
looking toward an ultimate regularity in the form of subdistricts. 



46 SCHOOL LAWS OF IOWA 

ScHOOLHousE. There is no limitation in law as to the number of scholars 
to be accommodated, in order that the board may provide a schoolhouse. 

SuBDiSTEicTS. Should be, if possible, compact and regular in form. In well 
populated district townships two miles square is considered a desirable area 
for each subdistrict. 

SuBDiSTBiCTS. It is Very important that subdistricts should be regular in form, 
and that where it is possible schoolhouses should be located at or near geo- 
graphical centers. 

BouNDABiES. In the determination of district and subdistrict boundaries, tem- 
porary expenditures and individual convenience should be subordinated to the 
more important considerations relating to simplicity of outline, compactness 
of shape, uniformity of size, and permanence of sites and boundaries. 

The above named district township coincides with a congressional township 
and consists of a single subdistrict. Portions of the district are yet sparsely 
settled. The board seems to have projected a plan to so locate schoolhouses 
when they must be supplied, that ultimately the township shall have nine sub- 
districts, each of four sections. 

On the sixteenth of March the board ordered a schoolhouse built at the 
center of the square of four sections in the southeastern corner of the township. 
From this action J. C. Reed appealed to the county superintendent, who 
affirmed the order of the board. From this decision Mr. Reed appeals. 

It was urged before the county superintendent that the board was prevented 
by the law from building a schoolhouse for the accommodation of a less num- 
ber than fifteen of school age. The question now to be determined is whether 
the county superintendent erred in affirming the order of the board. 

The board seemed to have outlined a policy of regarding each four sections 
as a separate division, to be provided with school advantages by itself. So far 
as forecasting the probable form of subdistricts to be created in the future, we 
think the board might be guided in the location of schoolhouses at the present 
time by such policy, in order that ultimately each subdistrict will have the form 
desired and each schoolhouse will be located so as best to accommodate all 
patrons. 

But while matters are in this progressive condition, we think the law does 
not confer power upon the board to apply the limitations of section 1725, and 
decide that until fifteen of school age are to be accommodated by the school- 
house to be built no house can be erected. In this case for instance there is 
but one single subdistrict. The board may create other subdistricts provided 
fifteen of school age are included within the boundaries of each one so formed. 
But the board is not prevented from building more than one schoolhouse in 
any subdistrict. See 69 Iowa, 533. In the absence of specific instructions in 
connection with the voting of the taxes by the electors, the board is empowered 
to locate sites where in its judgment, a schoolhouse seems to be most demanded. 

We are unable to find from the evidence any reason to disturb the finding 
of the county superintendent and his decision is therefore Affiemed. 

HENRY SABIN, 

July 3, 1891, Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 47 



E. A. Sheafe v. Independent District of Centee. 

Appeal froTn Wapello County. 

Teacher. As an employe of the district the teacher may justly claim and ex- 
pect to receive the official assistance and advice of the board. 

Teacher. The law insures the teacher a fair and impartial trial before he may 
be discharged. 

The history of this case presents nothing unusual. The board voted to dis- 
charge the teacher upon certain preferred charges. The teacher appealed to 
the superintendent, who reversed the action of the board. The board appeals. 

Section 1757 sets forth plainly the nature of the contract which is the evi- 
dence of agreement between the board acting for the district as one party, and 
the teacher as the other party. Section 1734 prescribes the only method by 
which the board may terminate the contract in advance or discharge the 
teacher. Both parties are equally bound by this contract, and as the board 
is a continuous body, the election of an entire new board does not change the 
relations of the contracting parties. But inasmuch as the directors also act 
as judges whose duty it is to decide whether the contract shall be terminated, 
being themselves parties to the contract, it becomes them to weigh the evidence 
in the case with the greatest care and to give the teacher the benefit of any 
reasonable doubt. In the present case the forms of the law were complied 
with, and the teacher was permitted to be present and make his defense. 

The transcript sent up by the county superintendent shows that one of the 
complaints upon which the teacher was tried was signed by Jacob Ream, who 
also is one of the directors and acted as one of the judges in the case. This 
is strong presumptive evidence of prejudice on the part of one of the judges 
at least, and this evidence is strengthened by the fact that Jacob Ream is the 
father of John Ream, whose punishment is made a matter of complaint. It 
is further strengthened by the fact brought out in evidence, that the present 
board was elected for the purpose and with the intent of displacing the teacher. 
The law is very careful to guard the rights of the teacher and to insure him 
a fair, trial. That certainly can not be considered a fair trial in the eyes of 
the law, in which one of the judges who is to give his vote for acquittal or 
conviction is a complainant in the case and is as ready to pronounce the 
verdict before he hears the testimony as afterward. 

The board invited the teacher to resign at its first meeting, and upon his 
refusal it proceeded at once to take steps to discharge him. Under certain 
circumstances this might be right, when necessary to relieve the school from 
a teacher proved to be incompetent or immoral. But general dissatisfaction as 
alleged in the petition or the desire to hire a lady teacher for the summer 
term, or to lessen the expenses of the district, can not be held to form any 
reason for discharging the teacher. The alleged punishment of the two boys 
is not proved in either case to have been unreasonably severe, to have been 
inflicted in passion, or to have resulted in any permanent injury. These pun- 
ishments happened some weeks before and any complaint should have been 
made to the old board. 

It does not appear necessary to enter any further into the merits of thig 



48 SCHOOL LAWS OF IOWA 

case. It is held that no error was committed in reversing the action of the 
board and the decision of the county superintendent is therefore 

Affiemeid. 
HENRY SABIN, 
October 20, 1891. Superintendent of Public Instruction. 



C. A. Webster v. Independent District Numbee Seven. 

Aj)peal from Winneshiek County. 

Discretionary Acts. To warrant interference witli a discretionary act, abuse 
of discretion must be proved beyond a reasonable doubt. 

Discretionary Acts. It is not the province of an appeal to discover and to 
correct a slight mistake. The board alone must bear any blame that may 
attach to a choice deemed by appellants somewhat undesirable, but not an un- 
wise selection to such a degree as to indicate an abuse of the discretion ordi- 
narily exercised. 

Discretionary Acts. In the absence of proof that the board has abused the 
authority given it by the law, its orders will not be set aside, although another 
decision might to many seem preferable. 

Jurisdiction. When its order is affirmed, the board is left free to take another 
action, if thought best. 

On the third day of October, 1891, the board relocated the schoolhouse site 
in independent district number seven, Burr Oak township. Appeal was taken 
to the county superintendent, who reversed the action of the board which 
ordered the house removed to the new location. From this decision John Knox, 
president of the board, appeals. 

The proceedings in this case are entirely regular. It is not claimed that 
there was any direct violation of law, nor that prejudice or improper motives 
in the least influenced the action of the board. The very common complaint 
that the discretion vested in the board by the law had been abused was vir- 
tually the only error urged. 

The only question for us to determine is the single one as to whether the 
county superintendent was warranted in setting aside the order of the board. 
Unless the evidence clearly sustains his conclusions we shall be compelled 
to reverse this decision. But if the evidence shows plainly a gross abuse of dis- 
cretion on the part of the board, then we must affirm. 

Where an abuse of the large discretion vested in the board is urged, to 
warrant interference by an appellate tribunal, such abuse must be proved con- 
clusively. The testimony must disclose so fully the nature of the unwarranted 
action as to leave no reasonable doubt. The acts of a board must be presumed 
to be correct, and they are entitled to the benefit of every doubt. Unless it is 
fully apparent that the discretionary power of the board has been abused 
to such an extent as to render interference necessary, it is the duty of the 
county superintendent to allow the act of the board to stand, although he may 
differ from the board very strongly as to the desirability of the order in ques- 
tion. In this connection, attention is called to appeal decisions found on 
pages 35, 82, 90, 100 and 135, School Law Decisions of 1888. 

In this case while the testimony shows that the removal of the site se- 



SCHOOL LAWS OF IOWA 49 

lected will bring the schoolhouse quite a distance south of the center of the 
district, it is not in evidence that a suitable site might have been found 
nearer the center. It must be presumed that the board carefully weighed 
all the reasons in favor of and against the site chosen, and also that it 
endeavored to find the best site. The evidence is by no means conclusive that 
it did not select the best site obtainable. If in the opinion of the people an 
error has been made, it rests with the electors to choose a board favoring an- 
other location. 

It is with reluctance that we reverse the decision of the county superin- 
tendent. There can be no question that he intended to seek substantial justice 
for the people of the district. This decision does not prevent the board, if 
thought desirable to do so, from reconsidering the action by which the new 
site was chosen and selecting a different site. But we can not find that the 
evidence supports the county superintendent in overruling the order made by 
the board and his decision is therefore Reversed. 

J. B. KNOEPFLER, 

February 26, 1892. Superintendent of Public Instruction. 



R. G. W. FORSYTHE V. iNnEPENDENT DISTRICT OF KiRKVILLE. 

Appeal from Wapello County. 

Appeal. Where the changes are effected in district boundaries by the con- 
current action of two boards, appeal may be taken from the order of the 
board concurring or refusing to concur, but not from the order of the board 
taking action first. 

Territory. All territory must be contiguous to the district to which it belongs. 
Jurisdiction. In change of boundaries by two boards, an appellate tribunal 
acquires only the same power possessed by the board from whose action appeal 
is taken, and may do no more than affirm the order, or to reverse and do what 
the board refused to do. 

Petition. A petition may be used to bring to the attention of the 'board the 
kind of action desired by the petitioners, but a board may act with equal 
directness without such request. 

The board of the above named district refused to concur in the action of 
the board of the district township of Richland, offering to transfer certain 
territory to the independent district. Mr. Forsythe, desiring the transfer, ap- 
pealed to the county superintendent, who reversed the action of the board and 
ordered the transfer of the territory under consideration by the two boards, 
with the exception of the northwest quarter of the southwest quarter of sec- 
tion eighteen, which the county superintendent directed should remain a part 
of the district township of Richland, and also ordered the transfer of the 
northwest quarter of section eighteen, which would otherwise be cut off from 
the district township to which it belongs. From this decision L. Jones, presi- 
dent of the board of the independent district of Kirkville, appeals. 

This case turns on the power of the county superintendent to modify the 
order appealed from in the manner done by him. It is true that even if the 
board of the independent district of Kirkville had concurred in the transfer 



50 SCHOOL LAWS OF IOWA 

of the territory released by the other board, such order would not have been 
in conformity with the spirit of the law, because forty acres would then 
be left belonging to the district township of Richland and not contiguous to 
the remainder of the district. The county superintendent was led to conclude 
that the forty acres in question should be transferred, if any change of boun- 
daries was made. But could the county superintendent so determine in this 
appeal? We think not. The board of the independent district might concur 
or refuse to concur. They might refuse to concur, and initiate a new propo- 
sition which the board of the district township could act upon, when appeal 
would then lie from the last action. But an attempt to change the order origi- 
nally made would render it necessary to have such new action considered by 
the other board, before becoming effective, or even in order that the action 
could be brought within the power of the county superintendent to consider 
on appeal. For in a case of this kind no matter can come into the case on 
appeal, unless the second board, the one last acting, concurs or refuses to 
concur in the order initiated or proposed by the board first taking action. 

It follows then that the county superintendent having only appellate juris- 
diction, could not assume original jurisdiction and do what the board from 
whose action the appeal was taken could not have done. Therefore we are 
compelled to hold that the county superintendent did not have the power to 
decide that the northwest quarter of the northwest quarter of section eighteen 
should be transferred. 

A careful investigation of the transcript leads us to believe that perhaps 
such a change of the boundaries as would transfer the residence of Mr. Forsythe 
to the independent district, might be desirable. Of course such transfer would 
include entire forties of land, and no territory could be separated from the dis- 
trict to which it should belong. Whether any change is best, must be deter- 
mined by the boards interested, the action of the board last acting being sub- 
ject to correction on appeal. In order that the matter may come again without 
prejudice to the attention of the boards, the decision of the county superin- 
tendent is reversed and the case remanded to him to be reopened and heard 
again. We think he will be compelled by necessity to affirm the decision of 
the board of the independent district of Kirkville, in refusing to concur in 
the transfer proposed by the district township. This will leave all matters as 
nearly as possible in the same condition they were before any action was taken. 
It will then be in order for either board at any time to initiate such a change 
of boundaries as may seem demanded. There is no absolute necessity for a 
petition or request. A petition may be used to bring to the attention of the 
board the kind of action desired by the petitioners, but a board may act with 
equal directness without such request. Reversed and Remanded. 

J. B. KNOEPFLER, 

April 6, 1S92. Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 51 



Ole Thompson et al v. District Township of Belmond. 

Appeal from Wright County. 

Testimony. Opinions unsupported by facts do not become satisfactory evidence. 

Discretionary Acts. The order complained of is reviewed not to discover the 
desirability of the action, but to determine whether sound reason and wise 
discretion were followed. 

Disceetionary Acts. The fact that some other action would have been desir- 
able or preferable does not establish that the board abused its discretion. 

Board of Directors. Its action is presumed to be correct and for the interest 
of the district, until proved to be otherwise. 

Discretionary Acts. In the determination of appeals, the weight which prop- 
erly attached to the discretionary actions of a tribunal vested with original 
jurisdiction should not be overlooked. 

This case comes before the superintendent of public instruction on appeal 
taken by John L. McAlpine from the decision of the county superintendent 
reversing the action of the board in refusing to create certain additional sub- 
districts as prayed for in a petition. 

The point at issue is a simple one, being merely a question of discretion 
on the part of the board as to whether it was best to take or not to take a 
certain action. The decision of the county superintendent compels the board 
to do what it did not deem wise or necessary. Doubtless there are instances 
when such a ruling on the part of the appellant tribunal is needed. But does 
the evidence warrant such a decision in the present case? The affidavit bringing 
the case before the county superintendent does not allege violation of law, or 
prejudice. Neither does such appear in the testimony. The law gives boards 
very wide latitude in the exercise of their discretionary powers. Not infre- 
quently cases arise in which an appellate tribunal would sustain their dis- 
cretionary action whether they granted or refused to grant a given petition, 
there being no manifest abuse of such discretion in either action. In any 
event, the action of a board is presumed to be correct and for the interest of 
the district until proved to be otherwise. Mere opinions of witnesses that a 
different action would have been preferable can not be accepted as evidence. 
Statements of facts and existing conditions must be given. Even then the 
fact that some other action would have been desirable or preferable does not 
establish that the board abused its discretion. It must be shown that the action 
complained of is an injury to the district or does gross and needless injustice 
to the patrons thereof. The decisions in this line by our predecessors are nu- 
merous and pointed, and we fully concur in the position taken. 

In the present case the evidence does not show that any one is made to 
suffer injustice by the board's action. Ample provision has been made to ac- 
commodate all of the pupils of the territory in question with school privileges. 
It is not in evidence that the formation of three subdistricts out of the one 
would improve these facilities, since the subdistrict now has three schoolhouses 
located for the convenience of the respective portions of said subdistrict. 

For the county superintendent, or the state superintendent, to render a de- 



52 SCHOOL LAWS OF IOWA 

cision invariably as he would have voted had he been a member of the board, 
is not what the law intends when clothing these officers with authority to try 
and decide appeals. Malice, prejudice, violation of law, is the board guilty 
of any of these? Or has it gone beyond sound reason and wise discretion in 
taking or refusing to take a given action? These are the questions for both 
tribunals to inquire into. 

While we believe the county superintendent endeavored conscientiously to 
hear and decide the present case fairly, yet in the light of the foregoing reason- 
ing we do not find that the evidence discloses grounds sufficient for refusing to 
affirm the board, and the decision of the superintendent is therefore 

Reversed. 
J. B. KNOEPPLER, 

March 11, 1893. Superintendent of Public Instruction. 



J. O. Seveeeid and John Stenberg v. Independent District of Fiexdberg. 

Appeal from Story County. 

School PKnaLEOES. Are not guaranteed children elsewhere than in the district 
of their residence. 

School Puh'tleges. To the fullest extent possible, the board should equalize 
the distance to be traveled to school. 

School Privileges. Attendance in another district depends upon the board of 
that district, and must therefore be regarded as a contingency. 

The transcript in this case shows that on March 20, 1893, the board in 
answer to a petition relocated the school site and made an order to move the 
schoolhouse on the site selected, the latter being more than three-fourths of a 
mile north of the present site. John 0. Severeid and John Stenberg appealed 
to the county superintendent, who affirmed the order of the board. The same 
parties now appeal to the superintendent of public instruction. The essence 
of affidavit filed by appellants is abuse of discretion by the board because 
several families will be compelled to go two miles or more to reach the school- 
house on the new site. 

The district consists of four sections in the southwest comer of Palestine 
township. The schoolhouse as now located is in the geographical center of the 
district and within a distance of one and three-fourths miles from the most 
remote patrons. In the northern part of the district, in fact, on the extreme 
northern boundary, lies the village of Huxley. It is in the edge .of this village, 
and therefore almost in the limits of the district, that the new site has been 
selected. Two of the directors residing in said village and being the two who 
voted for the new location. The district has a school enumerating sixty-eight 
of whom about forty live in Huxley. These pupils have been going to the cen- 
ter of the district, where the schoolhouse now is, a fraction over one and one- 
fourth miles. For the better accommodation of these pupils the removal was 
ordered. While some attempt is 'made to show that the site chosen is unfit, 
that the cost of moving will be excessive, and that there was undue prejudice, 
we do not find that any of these charges are sustained. We may therefore con- 
sider merely the element of distance to the new site. It is in evidence that 
some of the school patrons will have to travel two and one-fourth miles to reach 



SCHOOL LAWS OF IOWA 53 

the new site, while there are five families with nine children whose distance will 
be over two miles, also that about twenty-nine children at present will be un- 
favorably affected and about thirty-seven favorably. While the new site will 
accommodate a majority of the pupils, still it is considerably north of the 
center of population. The board and the petitioners seemed to realize clearly 
that the contemplated site would leave several families at a great disadvantage 
as to school privileges, since they state that these families can be accommodated 
in other districts. They realized that an injustice would be done if these 
families should be compelled to travel to the new site for school conveniences. 
But there is nothing offered in evidence to show how said patrons can be accom- 
modated elsewhere. It is not shown that they will be as near even another 
school as to their own, provided they might attend such a school. For aught 
that appears in the evidence, they may be three or more miles from any other 
school. Even if there be one nearer, there is no positive evidence that the 
board has made arrangements for the schooling of said pupils in another school, 
or even that it can make such arrangements. Witnesses say that they think 
said pupils could attend in some other district, but this belief merely can not 
be received as satisfactory evidence on this point. What are the probabilities 
that such provisions can be made for the children of the five families under 
consideration? The territory on which these families reside can not be set off 
to another district for the reason that territory can not be detached to districts 
in a different township, as would be necessary in this case. Neither is it legal to 
reduce independent districts to less than four sections except in special cases. 
See chapter 133, laws of 1878, as amended by chapter 131, laws of 1880, page 
84, S. L. 1892. 

The board is not sure of securing school privileges for said pupils elsewhere 
without such transfer of territory, because it will require the concurrence of 
another board which may absolutely refuse. In any event' the board of Field- 
berg independent district is not able to guarantee school privileges to these 
families elsewhere than in their own district, since the matter does not rest 
wholly in its own power. While the law does not, as many suppose, prescribe 
a maximum distance for school travel, yet by permitting provisions to be made 
under given conditions for children to attend other schools than their own 
when they live more than one and one-half miles from the latter, it is evident 
that the legislature regarded this distance about as far as a child should travel 
to reach school. 

It is the duty of the board to furnish reasonable facilities in its own district 
for all the children thereof. Even a minority of only five families has rights 
and claims which may not be ignored. To give a majority of the district lo- 
cated in a village convenient school privileges by practically cutting off others 
entirely from any privileges of education, we believe after long and careful 
study to be an abuse of discretion sufficient to warrant reversing a board taking 
such action. The distance these families will be compelled to travel to school 
will be such as largely to deprive them of their just rights in the matter of 
enjoying school accommodations. 

We are aware that this department has ever stood for sustaining the dis- 
cretionary acts of a board. In this case, however, we believe that abuse of 
discretion has been fairly proven by the appellants. Doubtless the board had 
not fully considered the fact that rights of appellants could not be so ignored 
in the effort to improve the school conveniences of other parts of the district, 



54 SCHOOL LAWS OF IOWA 

or did not consider that providing school privileges for appellants in some 
other district is hedged about with such complications and uncertainties. The 
case is different from what it would be had theirs been a district township in- 
stead of an independent district. In the former case the matter would be much 
more in its own hands. It could rearrange boundaries to accommodate those 
at too great a distance from the new site, a matter which the board in the 
present case can not do. If it was satisfactorily established that said families 
had been or could and would be permanently provided with better school facili- 
ties elsewhere, such accommodations being annually dependent upon conditions 
in the district in which they might desire to attend, especially in the disposi- 
tion of each new board, it would have been a comparatively clear case for 
affirming the action of both board and county superintendent. Because the 
distance of five families is to our mind needlessly increased and their school 
privileges nearly cut off, and because there is no proof that another school is 
nearer, with provision that they could attend such school, if there is one, and 
it seeming quite doubtful whether such provision can be made at all, we feel 
that the interests of said families should be protected. We have no reason to 
question the intentions of any parties connected herewith. We simply state 
that in our opinion the board did not consider the difficulties in the matter of 
providing school facilities for the five most distant families. 

The decision of the superintendent is Reversed. 

J. B. KNOEPPLER, 

August 14, 1893. Superintendent of Pnhlic Instruction. 



. Bradfokd Ingkaham v. District Township of Haetford. 

Appeal from Iowa County. 

ScHOOLHousE SiTE. It is iiot the province of an appeal to determine which of 
two sites is the better. 

Testimony. If selfish or other improper motives are complained of, the testi- 
mony must show such facts conclusively. 

The history of this case is brief. March 20, 1893, the new township board 
having then just organized, on motion appointed a committee of three to re- 
locate the site of schoolhouse in subdistrict number eight, said site to be near 
the geographical center of said subdistrict. On the twentieth of May, at a 
special called meeting, it was moved to reconsider the motion to relocate the 
schoolhouse in subdistrict number eight, which motion was carried. By an- 
other motion the committee appointed at the former meeting was discharged. 
It is from this action of the board on May 20th that Bradford Ingraham ap- 
pealed to the county superintendent, and from the latter's decision affirming 
the action of the board to the superintendent of public instruction. 

In his affidavit, Mr. Ingraham alleges that the board was infiuenced by selfish 
motives and further alleges in effect that the board abused its discretionary 
powers. The abuse of discretion, if such it is, consisted in the unequal distance 
of travel from the different parts of the subdistrict to the schoolhouse. A care- 
ful reading of the case as filed in the transcript fails to disclose any selfish or 
improper motives on the part of the board, and we dismiss this charge without 
further comment. 

Counsel for appellant discusses at some length the effect of a vote to recon- 



SCHOOL LAWS OF IOWA 55 

sider, and then not reconsidering, not voting on tlie former motion. It is 
claimed tliat the board merely voted to reconsider former motion to relocate, and 
that no further action being then taken, the motion to relocate remained before 
the board until it should be acted upon one way or the other, or that not being 
taken up within a month, it was terminated, leaving the previous action thereon 
in force. Counsel for appellees claims if the first be true, then the case should 
have been dismissed, as no action had been taken from which to appeal. 

Technically the vote to reconsider the former motion placed said motion be- 
fore the board again, as if it had not been voted on, and left it ready for de- 
bate and adoption or rejection. But it is clear that the board intended to rescind 
its former action and evidently understood the word reconsider in the sense of 
rescinding. It is quite a common misapplication of the word. That this was 
the intention is the more conclusive when we note the subsequent vote of the 
board in discharging its committee. 

In providing for appeals before the county and state superintendent, it was 
the manifest purpose of the lawmakers to afford a speedy, inexpensive remedy, 
stripped of undue technicalities, for certain classes of grievance. Holding this 
view, we must recognize the intent of the board, rather than what it did under 
a technical construction of language. Apparently the board itself made the re- 
location, and appointed a committee chiefly to arrange the details and see to 
the removal of the schoolhouse. At the May meeting no action was taken by 
the board on the report or statement made by the committee. The resolution of 
the board at the March meeting located the site about eighty rods east of the 
old site. The rescinding of this amounted to a new location or to undoing the 
former action, a thing they clearly had a right to do. Members of the board 
had changed their views. 

No evidence is introduced to show that either site is in itself unsuitable. It 
is merely a question of distance. It is a question of moving the schoolhouse 
away from some and nearer to others. Neither site would seriously discommode 
any one according to the plat sent up with the transcript. It is in evidence 
that only one more pupil would be better accommodated at the new site than at 
the old. It is not the province of this department, nor of the county superin- 
tendent, to determine which of the two sites is the better. An appellate tri- 
bunal in such cases may determine only whether the board has chosen a grossly 
unsuitable or unjust and unfair site. If so, the board should be reversed. If 
not, it should be sustained, even though a better site could be found. 

In the present instance no gross injustice is done, no manifest error com- 
mitted. In fact, both sites are good, and we should be compelled to sustain the 
board on appeal in the selection of either the present or new site. We hold that 
the county superintendent committed no error in affirming the action of the 
board when it practically rescinded its former motion for relocation and chose 
to keep the old site. His decision is therefore Affirmed. 

J. B. KNOEPFLER, 

December 21, 1893. Superintendent of Public Instruction. 



18 



56 SCHOOL LAWS OF IOWA 



W. S. Kenworthy et al. v. Independent District of Oskaloosa. . 

Appeal from Mahaska County. 

Discretionary Acts. The order of a board should be reversed only upon the 
plain showing that the law has been violated or discretion grossly abused. 

Board or Directors. Has full power to provide and enforce a course of study. 

Rules and Regulations. The burden of proof is with the appellant to show 
that a rule is unreasonable. 

The history of the case is this. The board has a regulation that all pupils 
shall provide themselves with text-books suitable to their grade, and that fail- 
ing to do this they shall be suspended until they comply with the rule. 

The children of the appellants were under this rule suspended from school 
for not being provided with the music books in use in said schools. The parents 
appealed from the ruling of the board to the county superintendent, who re- 
versed the action of the board, and the board appeals. 

It is an established rule that the action of a school board should be reversed 
only upon the showing that it has abused its discretion or violated the law. In 
this case the county superintendent avers that it violated the law in that it did 
not advertise for bids as required by section 5 of chapter 24, Laws of 1890, be- 
fore the music books were adopted. 

There is nothing in the transcript to show that it was acting under the pro- 
visions of this chapter, which it could not do unless so instructed by the 
electors of the district. See section 12 of said chapter. So much of the county 
superintendent's decision as refers to this may then be dismissed from the case. 

It is further claimed that it abused its discretion by adopting an unreason- 
able rule. This is the real question at issue. 

With their power to establish and maintain graded schools, all boards are 
invested with the authority to prescribe a course of study in the different 
branches to be taught. It is not our province to determine what the courts 
might hold in this case. They have held that in case a pupil refuses to con- 
form to a course of study as prescribed by the board the proper remedy is sus- 
pension, and not corporal punishment. See 50 Iowa, 145. They have also held 
that a rule suspending a pupil for a certain number of absences or tardinesses 
is reasonable, and may be enforced. See 31 Iowa, 562. It is true that they 
also have held that a pupil may be suspended only for gross immorality or 
persistent violation of reasonable rules. See 56 Iowa, 476. 

In this case it is nowhere shown that the children would in any way be 
injured by the study of music, or that their health or well being demanded 
that they should be excused from the study in question. 

There is fair ground for considering the refusal to purchase the books as a 
failure to comply with a reasonable regulation of the board. The rule of the 
board was made so as to bear with equal force upon all the pupils in the 
school. And in order to make it as little oppressive as possible it offered the 
books at the least expense possible, and that none might be deprived of the 
benefits of the study the board authorized the teachers to loan the text-book 
in music without charge to children whose parents were in indigent circum- 
stances. 



SCHOOL LAWS OP IOWA 57 

The law has invested boards with very large discretionary powers, under 
which they may grade the schools and establish such regulations as may seem 
to them best for the interest of the entire school. The burden of proof in this 
case was with the appellants to show that the rule is unreasonable, or that in 
obeying it their children would suffer some hardship. This we think they have 
failed to do, and the decision of the county superintendent is therefore 

Reversed. 
HENRY SABIN, 
February 12, 1894. Superintendent of Puhlic Instruction. 



Ella Benson and Belle Robertson v. District Township of Silver Lake. 

Appeal from Dickinson Coimty. 

Contract. It is the province of the courts of law to decide as to the validity of 
a contract. 

County Superintendent. Does not have the power to interpret the legal value 
of a contract. 

This case turns upon the construction to be given to a contract. The validity 
of the contracts in the sense claimed by the appellants is questioned and denied 
by the board. The teachers assert that said contracts are of full force for the 
nine school months named in the contracts, and the board contends that no au- 
thority was granted by it to any one to contract for more than six months, and 
that therefore the contracts can have no force beyond the term of six months. 
It is the province of the courts of law to decide as to the validity of a contract. 
In the trial of an appeal as soon as it becomes clearly apparent that the principal 
issue is of a kind intended by our statutes to be heard and determined only by the 
courts of law, the appeal should be dismissed. As the real matter to be decided 
in this case is what the contracts actually are and what force must be given to 
their essential conditions, it follows that the county superintendent did not err in 
dismissing the appeal for want of jurisdiction. 

This case is not parallel with Kirkpatrick v. The Independent District, etc., 
53 Iowa, 585, in which it is held that the remedy of a teacher wrongfully dis- 
charged is appeal, and not an action at once in the courts to recover compensa- 
tion. In the present case the board did not make an order discharging these two 
teachers, but it is clearly apparent that the county superintendent could not re- 
view that order of the board without proceeding upon the assumption that the 
contracts had force and validity, and he did not have the power to interpret the 
legal value of the contract. We are compelled to find that the only remedy of 
the appellants is an action in a court of law. The decision of the county super- 
intendent is affirmed and the case Dismissed. 

HENRY SABIN, 

August 11, 1894. Superintendent of Public Instruction. 



Samuel Fallon v. Independent District of Fort Dodge. 
Appeal from Webster County. 
Attendance. An actual resident may not be denied equal school advantages 
with other residents. 



58 SCHOOL LAWS OP IOWA 

Board of Dieectoes. May adopt its own course to decide the question of actual 
residence. 

Tuition. Failing to substantiate a claim to residence, a non-resident may attend 
school only upon such terms as the hoard deems just and equitable. 

In this case the two sons of the appellant, aged nineteen and sixteen years, 
were refused admission to the schools unless they would pay tuition. They 
claimed to be residents of the district and that they were entitled to the same 
privileges as other residents. Being denied admission they appealed to the coun- 
ty superintendent, who affirmed the order of the board. 

The entire case turns upon the fact of the residence of the children. If a 
board concludes that a child is an actual resident, it can not deny him equal 
school advantages with other residents. But if it can not be satisfied that an 
applicant is an actual resident, then it is its duty to make the same requirements 
that are demanded of other scholars who may be sojourning temporarily in the 
district. 

It will be of interest to inquire as to who may decide definitely the question of 
residence, and as to the manner in which the matter should be considered. In 
view of the fact that the matter has given a great deal of trouble in a number 
of districts, this department has had occasion frequently to submit questions in- 
volving some phases of the subject to the attorney-general for his official opin- 
ion. In one of these opinions he uses the following language, which we think 
is quite applicable in this present case: 

"It may be said that it is nowhere provided in the law what course the board 
of directors shall pursue in determining whether a pupil is a resident of the 
district, nor is the board directed as to the kind of evidence that shall be pro- 
duced, nor as to the manner of producing it in determining such question. In 
the absence of such a provision directing the board as to its course of proceeding 
in such cases I think that body may adopt any course it sees fit, and take any 
kind of evidence it chooses in deciding this question of residence. I think it 
may make such decision from its own knowledge of facts; from the observa- 
tions of the members; from the statements, sworn or unsworn, of parties who 
have knowledge of the facts, or from any other fair and impartial method of 
obtaining information bearing upon the point at issue. I do not think the board 
has power to compel the attendance of witnesses, or to administer oaths to them; 
but in gathering its information and in deciding the question it must act in 
entire good faith and with a view to getting the exact truth and making its 
decision according, to the very right of the matter." 

It is in evidence that the board in this case acted with deliberation, and it is 
not claimed that it failed to receive any testimony or statements that would tend 
to make a final determination of the matter by it any more clear or conclusive. 
In reviewing its decision on appeal the county superintendent was unable to find 
that it had abused its discretion, had acted without the fullest information with- 
in its reach, or had arrived at any other than an equitable conclusion. 

This department has continuously held, in interpreting section 1794, that the 
board is to be satisfied that the residence of the scholar is actual. The burden 
of proof rests upon the child who has recently come into the district, to estab- 
lish the fact of residence before he can be admitted to school privileges free of 
tuition. Failing to convince the board and to substantiate his claim of residence 
he can attend only upon such terms as the board may deem just and equitable. 



SCHOOL LAWS OF IOWA 59 

In this case we do not find that the county superintendent erred in affirming 
the order of the board requiring the children of Mr. Fallon to pay tuition as an 
essential condition to attendance. His decision is therefore Affirmed. 

HENRY SABIN, 

September 1, 1894. Superintendent of Public Instruction. 



G. 0. ROGNESS V. DiSTEICT TOWNSHIP OF GleNWOOD. 

Appeal from Wirtneshiek County. 

Appeal. Will lie from an action of the board which is made a matter of record. 

Appeal. May be taken from the action of the board in laying the subject-matter 
of a petition on the table. 

It appears that at a meeting of the board, held September 17, 1894, George O. 
Rogness presented a petition asking that the board redistrict said township, 
and also that an extra school be kept for four months in a certain school build- 
ing, situated on the farm of E. Bolson. By vote of the board said petition was 
laid on the table. An appeal was taken to the county superintendent, who dis- 
missed the same on the ground that no action was taken by the board which 
could furnish the basis of an appeal. The case comes now on appeal before the 
superintendent of public instruction. 

The only point to be decided is whether an appeal may be taken from a vote 
to lay on the table. The words of the law in section 1829 are that any person 
aggrieved by any order or decision of the board may appeal. The transcript sent 
up by the secretary in this case reads: "Moved and carried that the bill (peti- 
tion) of G. Rogness be laid on the table." It must be held that this constitutes 
an action on the part of the board. The motion to lay on the table was made, 
was voted upon, was declared carried, and is so recorded upon the secretary's 
book. The above conclusion is in accord with the unvarying opinion of this 
department for a long number of years. 

It is to be noted that in the case cited by counsel for the side of the district, 
in 71 Iowa, page 634, the supreme court does not attempt to decide what consti- 
tutes an action. It refers to cases in which the board purposely intend, by neg- 
lect or refusal, to avoid taking an action or making an order or decision. In 
the case we are now deciding the board made an order, which the secretary re- 
corded in the minutes, "that the petition be laid upon the table." The decision 
of Superintendent Abernethy (see S. L. Dec. 1892, page 62;, that the motion to 
lay on the table "furnishes a convenient method of disposing of the matter," ap- 
pears to be to the point. The right of the board to make such a disposition of a 
case can not be questioned, but it must be regarded as an action subject, like 
any other action, to appeal. 

After studying up carefully the precedents as established by the rulings of 
fhis department, and reading with equal care the cases cited by counsel, we can 
arrive at no other conclusion. The case is reversed with the suggestion to the 
superintendent that he remand the case, in order that the board may take such 
further action as may seem fair and just to all concerned. Reveksed. 

HENRY SABIN, 

January 11, 1895. Superintendent of Public Instruction. 



60 SCHOOL LAWS OF IOWA 



E. E. Amsden v. Independent District of Macedonia. 

Appeal from Pottaioattamie County. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the riglits of any one interested. 

Affidavit. Must be accepted, if sufficient to give the appellant a standing. 

Appeal. Mere technical objections should not prevent the fullest presentation 
of the merits of the case in the trial of an appeal. 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant tes- 
timony is occasionally admitted. 

There are certain facts in this case "concerning which there is no disagreement. 
The board of directors contracted on the twenty-sixth day of March, 1895, witn 
E. E. Amsden to teach upon terms clearly set forth in the contract as signed by 
both parties. Concerning the validity of this contract there is no doubt ex- 
pressed. 

Upon the fifth day of July the said Amsden had a hearing before the board 
upon definite and well specified charges. He was duly notified of these charges, 
was present both himself and by counsel at the time of trial, and was allowed 
to make his defense. The board took time for deliberation, and finally on the 
eighth day of July made an order annulling the contract, and in effect discharg- 
ing the teacher. From this decision Mr. Amsden appealed to the county superin- 
tendent, who on the third day of September rendered a decision dismissing the 
case on account of the legal insufficiency of the affidavit. 

There are only two questions involved. Was the original affidavit sufficient 
to enable the county superintendent to assume jurisdiction of the case? And 
could the affidavit be amended at the time of trial? 

It must be held that the lapse of thirty days from the making of the order 
sought to be appealed from does not affect in any way the right of the appellant 
to amend his original affidavit. If he offered his amendment at the time of trial 
he complied with the usual practice. Whether the amendment should be ad- 
mitted depends upon its nature. If it set up a new and distinct issue, one not 
involved in any way in the original affidavit, then the county superintendent 
should refuse to allow the amendment to be made. See case on page 141 in S. L. 
Dec. 1884. An amendment is, however, admissible when it tends to correct mis- 
takes or to make clearer or more explicit the charges contained in the original 
affidavit. See case on page 25, S. L. Dec. 1892. In the case at bar the amended 
affidavit introduces no new issue and does not in any way prejudice the rights 
of any person. We think the county superintendent committed error in refus- 
ing to admit the amendment. 

Now as to the original affidavit. We do not understand what is meant by the 
term legal insufficiency. It is to be remembered that no very definite rules have 
been or can be adopted for the trial of cases before the county superintendent. 
This department has always held that the system of appeals was intended as a 
speedy and inexpensive method of adjusting school difficulties. See case on page 
25, S. L. Dec. 1892. The supreme court has held that it "is abundantly manifest 



SCHOOL LAWS OF IOWA 61 

that the legislature designed to afford an inexpensive and summary way of dis- 
posing of these cases." See 68 Iowa, 161. Mere technicalities can not be al- 
lowed to intervene to defeat the ends for which the system of appeals was in- 
stituted. 

The appellant sets forth in his affidavit that the board acted through passion 
and prejudice, and that he did not have the fair and impartial trial guaranteed 
to him by section 1734. On these as well as on other grievances set forth in the 
affidavit the appellant has the right to be heard before the county superintend- 
ent, to introduce testimony, and to be heard, by himself or liis counsel. 

The law makes it obligatory upon the county superintendent to hear such a 
case, to weigh carefully and without prejudice the evidence and the arguments, 
and to render his decision in accordance with his judgment. This is the more 
important in such cases, because the teacher has no other remedy in law of 
which he can avail himself. Through some informality which does not in any 
way affect the issues in the case he should not be deprived of his right of appeal. 

We say nothing of the merits of this case. We know nothing of them. We 
believe the affidavit of appeal was sufficient to give the appellant a standing be- 
fore the county superintendent, and that is the only point upon which we are 
called to pass. 

The case is remanded to the county superintendent, with directions to fix a 
time of hearing the same within fifteen days from the date of this decision, and 
to notify all concerned, that they may be present. 

Reversed and Remanded. 
HENRY SABIN, 

November 21, 1895. Superintendent of Puhlic Instruction. 



D. C. McKee v. District Township of Grove. 

Appeal from Humboldt County. 

Subdistrict Boundaries. When an action has been reversed by the county su- 
perintendent, and that decision affirmed by the superintendent of public instruc- 
tion, the board can not act again until a material change has taken place. 

ScHOOLHOusE SiTE. At time of purchase need not necessarily be upon a high- 
way. 

Discretionary Acts. An appellate tribunal is not to decide mainly whether the 
action complained of was v/ise, or the best that might have been taken, but sim- 
ply whether a reversal is required by the evidence. 

In this case the board on September 16, 1895, made two orders. By the first 
of these it divided subdistrict number seven in said township into two subdis- 
tricts, to be known as number seven and number nine, and established the 
boundary line between them. By the second action it ordered tlie removal of 
the schoolhouse, now located on section 34, township 92 north, range 28 west, 
removed and located on section 3,3, township 92 north, range 28 west, on the 
Sherman and Dakota road, and authorized the president to draw an order for the 
payment of the same on report of the committee. 

From these two actions D. C. McKee appealed to the county superintendent, 
who reversed both actions of the board and relocated the schoolhouse on the old 
site. From the order removing the schoolhouse D. C. McKee takes an appeal to 



62 SCHOOL LAWS OF IOWA 

the superintendent of public instruction. The former action of the board divid- 
ing the subdistrict and reversed by the county superintendent is not in the 
case. This simplifies the matter and leaves as the only point to be considered 
the discretionary act of tha board in ordering the removal of the building to the 
hew site. 

The district as at present constituted is four and one-half miles from east to 
west in extreme length. The two schoolhouses stand within a mile of each other. 

There are several points brought in by the county superintendent and in the 
arguments of the attorneys which need but a brief notice. It appears that at a 
previous meeting of the board it took action removing the schoolhouse to a site 
near the present new site, which action was reversed by the county superintend- 
ent, and that there has been no material change in the district since that. This 
does not act as a bar in any sense to the present proceedings. For a full discus- 
sion of this point see P. O'Connor, Jr., v. District Township of Badger, page 108, 
S. L. Dec. 1892. 

The only case in which the board can not act again without a material change 
is when a former action has been reversed by the county superintendent, and on 
appeal to the superintendent of public instruction has been affirmed. In the 
case at bar the county superintendent reversed the action of the board, but ap- 
peal was not taken to the superintendent of public instruction. 

Much stress has also been laid upon the question whether the road upon 
which the new site is located is a highway in the sense intended by the law. 
Section 1826 has reference to a case in which the board condemns a piece of land 
for schoolhouse purposes. But when said site is purchased by the board the 
provisions of sections 1825-1826 do not apply. See, also, for a full discussion of 
this point, case of H. D. Fisher v. District Toivnship of Tipton, page 86, S. L. 
Dec. 1892. 

If the site selected and purchased should be inaccessible it might be a case 
warranting the reversing of the board, but in the case at bar the site purchased 
by the board is on a highway, which both parties acknowledge has been traveled 
more or less for at least nine years. 

This leaves the only point for consideration whether the board abused its dis- 
cretion in ordering the removal of the schoolhouse. The location of the school- 
house is a matter entirely within the discretionary power of the board. Its action 
ought not to be reversed by the county superintendent without the clearest proof 
that it has acted through passion or prejudice, or from some improper motive. 
There is nothing in this case whatever to show that the board was not endeavor- 
ing to do what it believed to be for the best interests of all the people of the 
subdistrict. The vote in the board stood four in favor of removal and one 
opposed. 

We can not discover that there are any reasonable grounds for reversing its 
action. We are not called upon to decide whether it acted wisely or unwisely, 
but simply and solely whether there is sufficient evidence to warrant the county 
superintendent in reversing its action on the grounds of abuse of discretion. We 
regret very much that we are obliged to reverse the action of the county superin- 
tendent, and do not doubt that he acted according to his best judgment. We 
are, however, compelled to decide that the board did not in any way so abuse its 
discretion as to warrant an interference. Reversed. 

HENRY SABIN, 

February 8, 1896. Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 63 



Hugh McMillan v. District Township of Waveland. 

Appeal from Pottaivattamie County. 

Board of Directors. It is the first duty of a board to co-operate with and assist 
the teacher in the conduct of tlie school. 

Teacher. A teacher may justly claim and expect to receive the assistance and 
advice of the board, and especially the help of his own subdirector, in the proper 
conduct of his school. 

Board of Directors. In exercising its power in a semi-judicial capacity the 
board should be able to show the very best reasons for its conclusions. 

Teacher. It is alike due to the dignity of the board and the rights of the teacher 
that no one should be discharged except after thorough investigation and the 
clearest proof. If possible, the teacher should be shielded from the stigma of 
discharge. 

After a trial, conducted in accordance with law, the board, by a vote of three 
to two in a board of nine members, discharged the teacher for incompetency, in 
accordance with the provisions of section 1734. Hugh McMillan appealed to the 
county superintendent, who reversed the order of the board. John W. Rush, 
president of the board, appeals here. 

The proceedings of the board in this case were entirely regular, and it is not 
claimed that the law was violated by it in any particular, as to its manner of 
proceeding. The question to be determined by us is, was the county superin- 
tendent warranted in finding that the board abused its discretion to that ex- 
tent to require a reversal of its action in discharging the teacher. 

The testimony discloses a very undesirable condition in the school in question, 
as to the matter of discipline and behavior of the scholars. The testimony dis- 
closes the fact that many of the older scholars, instead of being an assistance to 
the teacher, and a credit to themselves and their parents, were insubordinate, 
disobedient and disrespectful to the teacher. The testimony also discloses that the 
subdirector, instead of assisting the teacher in maintaining discipline and good 
order in the school, withheld that support so much needed by any teacher under 
such circumstances. It is not shown nor is it claimed that any of the board had 
visited the school for the purpose of aiding the teacher in enforcing rules for its 
government, as it is required to do by the first part of section 1734. Nor did the 
subdirector visit his school, as he is required to do by the latter part of section 
1756. 

The testimony in the case is to the effect that after the incorrigible scholars 
were dismissed the teacher was much more successful in his work. We can not 
find from the testimony that the teacher failed in any important particular to 
attempt to do his full duty by his school, and to rega,rd equally the rights of 
every scholar. Under all circumstances, we think it is the first duty of any 
board to co-operate with and assist the teacher in the conduct of his school. 
This is the duty of the local subdirector in a peculiar sense, as he is in close 
relation to his own school and his teacher. A teacher may justly claim and ex- 
pect to receive the assistance and advice of the board, and especially the help of 
his own subdirector, in the proper conduct of his school. See case on page 135, 



64 SCHOOL LAWS OF IOWA 

S. L. Dec. 1892. It is often the case that a little timely assistance, offered at the 
right time and in the proper spirit, will aid a teacher very materially in main- 
taining good order and discipline in his school, and in preventing many difficul- 
ties from arising which might, under a different course, almost certainly tend to 
injure the efficiency of the school. 

In this case, two of the five members present at the trial voted to discharge 
the teacher, two voted in the negative, leaving the casting vote with the subdi- 
rector of the school, who, as we have seen, was out of sympathy with the teach- 
er, and had failed to afford his assistance to a successful management of the 
school. While it is true that in general the discretionary acts of a board are en- 
titled to great weight, yet it is also true that in exercising its power in a semi- 
judicial capacity, the board should be able to show the very best reasons for its 
conclusions. Except upon the clearest proof, and the most convincing reasons 
apparent to the board that the good of the school demands the discharge of the 
teacher, a teacher should be shielded from the stigma of discharge, and the au- 
thority of the board and the respect due the board and its teachers, should be 
maintained, by a decision on the part of the board to assist and support the 
teacher in bringing his school to a conclusion as nearly as possible satisfactory 
to the board and creditable to himself. The decision of the county superintend- 
ent is Affirmed. 

HENRY SABIN, 

May 20, 1896. Superintendent of Public Instruction. 



S. B. Heath v. District Township of Iowa. 

Appeal -from Wright County. 

County Superintendent. On appeal may do more than the board might have 
done. 

Independent District. The boundaries outside the town plat depending upon 
the petition of the electors, such boundaries may not be fixed until petitioned for. 

This is a case arising under the amendment to section 1800 made by the 
Twenty-fifth General Assembly. It is the effect of this amendment that when a 
town or village has less than two hundred inhabitants and not less than one hun- 
dred inhabitants, the territory contiguous to such town plat may not be included 
in the proposed independent town district except on a written petition of a ma- 
jority of the electors residing upon such territory outside the town plat. 

In this case the board refused to fix the boundaries of a contemplated inde- 
pendent town district. From its order appeal was taken to the county superin- 
tendent, who reversed the order of the board and fixed the boundaries of a con- 
templated independent district, but different from the boundaries asked for in 
the petition presented to the board from the electors residing outside the town. 

Without considering any of the other merits of the case it becomes necessary 
to inquire whether the county superintendent might in reversing the order of 
the board, fix different boundaries than those petitioned for by the majority of 
the electors residing upon the outside territory. We find that the territory in- 
cluded in the contemplated district by order of the county superintendent excludes 
at least four and one-half sections that were before included. Did the county 
superintendent have power to fix different boundaries for the outside territory 
from those petitioned for when application was made to the board, without first 



SCHOOL LAWS OF IOWA 65 

himself having a written petition from a majority of the resident electors upon 
the territory outside the town which said county superintendent included within 
the contemplated independent district? We think he did not. If our view is 
correct it is decisive of the case and we will be compelled to reverse the county 
superintendent's decision. 

Not many cases have arisen under the amendment to section 1800, found in 
chapter 38, Laws of 1894. But it seems to us that there can be no doubt as to the 
intention of the general assembly to require that before territory outside a town 
or village of over one hundred and of less than two hundred inhabitants may be 
included within a contemplated independent town district, a majority of the 
electors must consent that such boundaries may be fixed. Any other conclusion 
would seem to defeat the purpose of the amendment. It is not reasonable to urge 
that the county superintendent would have greater power on appeal than the 
board would have. 

It will be noticed that this decision has no reference whatever to the merits of 
the case as to the boundaries which should be fixed for a town independent dis- 
trict. That matter is still within the discretion of the board under the limitation 
of the law. Reversed. 

HENRY SARIN, 

August 3, 1896. Superintendent of Public Instruction. 



Letha Jackson v. Independent District of Steamboat Rock. 

Appeal from Hardin County. 

Teacher. Full opportunity must be afforded the teacher to make defense against 
charges. 

Board of Directors. Is required by the law to visit the school and to aid and 
sustain the teacher in maintaining order and discipline. 

Teacher. Should not employ unsuitable and unusual methods of punishment. 

On the twenty-eighth day of November, 1896, the board voted to discharge 
from its employ Miss Letha Jackson, the teacher in the intermediate room of its 
school. The reason, as spread upon the record, is that she inflicted inhuman and 
cruel punishment upon her pupils, especially upon Minnie Platts. An appeal was 
taken to the county superintendent, who reversed the order of the board. Ap- 
peal was then taken to the superintendent of public instruction. 

There is no doubt from the testimony sent up with the transcript that Minnie 
Platts was insolent and disobedient, and also that the teacher failed to control 
herself, and that they engaged in an unseemly squabble in the presence of the 
school. It is also evident that the teacher was accustomed to use methods' of 
punishment which are, at the best, not customary in well disciplined schools. 
Much of the testimony is conflicting, and that part of it relating to matters 
which occurred under a previous contract cannot be allowed to have any weight 
in determining this case. 

The contract, as placed in evidence, specifies that the teacher shall not make 
use of any cruel or unusual punishment in the discipline of the school. Whether 
she violated the contract in this respect is a matter to be determined by the 
board, and in doing so it may avail itself of any sources of reliable information 



66 SCHCXDL LAWS OF IOWA 

within its power. The notice sent to the teacher, November 23, 1896, charges as 
follows: "For inhuman and unjustifiable punishment of pupils by pinching, 
pulling their ears, pulling their hair, and pounding their heads and faces with 
your fists, and pounding their heads on the wall, floor, and seats of the school- 
room with your fists." November 28th she was notified by the secretary that 
she was dismissed from the school. At a meeting of the board held November 
27th, the president appointed the entire board an investigating committee. It 
appears that it carried on its investigation by questioning the pupils in Miss 
Jackson's room, and that its vote to dismiss her was based entirely upon infor- 
mation obtained in this way, as appears in the records of November 27th. This 
method placed the teacher at an immense disadvantage. It would at least have 
been just to have examined these pupils in her presence, and that she should 
have been allowed to correct their misstatements, if any, and to give the investi- 
gating committee her own account of the matter. We can not consider this an 
impartial method of conducting an investigation against a teacher. Justice 
would seem to demand that she should have been furnished a copy of the find- 
ings of this committee, and should have been given a reasonable time in which 
to prepare her defense. The board places on file the unanimous report of this in- 
vestigating committee recommending that the teacher be discharged. It, in ef- 
fect, finds her guilty and asks her to show cause why sentence should not be 
pronounced. 

Now, as to Miss Jackson's failure to appear before the board. Her physician 
sent a certificate to be read at the first meeting, stating that she was not able to 
attend on account of sickness. At the same meeting her attorney, Mr. Albrook, 
in a letter, asks that the board appoint Monday afternoon as a time for hearing 
the case. It appears to have been a reasonable request and should have been 
granted in justice to all parties. That Miss Jackson sent her statement denying 
the charges and averring that she, by her conduct, had given the board no occa- 
sion to investigate, furnishes an additional reason and a very strong one why 
she should have been given the opportunity to be heard by counsel of her own 
choosing. We do not think that the board intended by an early adjournment to 
shut her counsel out Saturday night, but it ought to have shown an anxiety to 
have him present if possible, in order that it might ascertain the very right and 
justice of all parties in the case. Miss Jackson could very justly plead that her 
presence would avail nothing after the board had before it a report signed by 
every member of that tribunal, saying that she ought to be dismissed from her 
school. The board seems also to have forgotten that the law makes it its duty to 
visit the school and to aid and sustain the teacher in her efforts to maintain 
order and discipline. It has duties on the side of the teacher as well as on that 
of the pupils or the community at large. 

We do not wish to be understood as upholding a teacher in the methods of 
punishment which appear in this case. To pull the hair or the ears of pupils, or 
to strike them with the fists, are relics of another age of school government, and 
can not be justified today. We only reach the conclusion that the teacher aid 
not have that fair and impartial trial before the board that is contemplated in the 
law. Therefore the decision of the county superintendent is Affirmed. 

* HENRY SABIN, 

April 7, 1897. Superintendent of Public Instruction. 



*The teacher's right to recover for wrongful dismissal in this case was sus- 
tained in 110 Iowa, 313. 



SCHOOL LAWS OF IOWA 67 



R. Odendaiil et al v. District Township of Grant. 

Appeal from Carroll County. 

Appeal. Will not lie from joint action of boards making settlement of assets 
and liabilities. 

County Superintendent. Should dismiss an appeal as soon as it becomes cer- 
tain that the leading issue may be heard and decided only by a court of law. 

Jurisdiction. It is very undesirable to bring matters involving a money con- 
sideration before the county superintendent on appeal. 

Certain territory in the civil township of Grant and part of the independent 
district of Carroll was restored to the district township of Grant. A settlement 
of assets and liabilities between the two districts necessarily followed. Robert 
Odendahl and others were aggrieved with the conclusions reached by the two 
boards, and took an appeal to the county superintendent, who reviewed the 
questions presented to him, finding in effect as to the time when the territory 
did actually become a part of the district township of Grant, as to the disposition 
of taxes during a period when the control of such territory was in controversy, 
and also whether the agreement entered into by the board should be changed by 
him. 

The first question we are required to consider is whether the county superin- 
tendent had jurisdiction to hear the case. If we find that he did not have juris- 
diction, it will of course be impossible for us to review the questions he deter- 
mined, and we shall be compelled to dismiss the case for want of jurisdiction. 

It has been the uniform opinion of this department that appeal will not lie 
from the joint action of boards in making the settlement of assets and liabilities 
required by section 1715, but that the only remedy, if the law affords relief, 
would be an action in court to protect the rights of the persons complaining. In 
order that the matter might be more authoritatively determined, so that this 
case may be a guide to school officers, we submitted an inquiry to the attorney- 
general, and quote briefly from his reply: 

"Your favor came duly to hand, requesting my opinion upon the following 
question: 

"When the two boards have made a division of assets and liabilities, under sec- 
tion 1715 of the code, will a person claiming the settlement to be inequitable and 
insufficient as to the amount agreed upon have the right to appeal to the county 
superintendent from such agreement, that is, from such joint action of the boards 
taken as provided in section 1715, will an appeal lie? 

"The section in question provides that the respective boards shall make an 
equitable division of the then existing assets and liabilities between the old and 
the new districts; it also provides that in case of the failure to agree the mat- 
ter may be decided by arbitrators chosen by the parties in interest. It has been 
held by our supreme court that under this section the boards of directors become 
a special tribunal for the determination of the respective rights of the parties. 
And it is held that this tribunal thus constituted has exclusive jurisdiction. The 
action of the special tribunal, consisting of the several boards of directors, is not 
the action or order of a board of directors, but an order of a special court for the 
determination of the rights of the several new districts with reference to the as- 



68 SCHOOL LAWS OF IOWA 

sets and liabilities of the old district of whicli they formed a part. The statute 
does not give an appeal from such tribunal. My conclusion is that a right of 
appeal does not exist and a person claiming the settlement to be inequitable has 
no right of appeal to the county superintendent." 

The opinion of the attorney-general is decisive of the case. We think there 
are many added reasons why questions of this kind should not be heard on ap- 
peal before the county superintendent. That officer should not be compelled to 
review matters involving the jurisdiction over territory, the disposition of taxes, 
or the right and justice of finding of boards upon a settlement of assets and lia- 
bilities. But these a court may very properly do, as its jurisdiction for such pur- 
poses is not questioned, and the precedents for the control of the courts over 
this class of cases are well established. It is very undesirable to attempt to 
bring matters involving a money consideration before the county superintendent 
on appeal. As soon as it becomes clearly apparent that the principal issue is of 
a kind intended by our statutes to be heard and determined only by the courts 
of law, the appeal should be dismissed. In this case it was the duty of the boards 
interested to make a proper settlement. If fraud or other irregularity was 
urged, perhaps a court would afford relief to a complainant, but an appeal to the 
county superintendent would not become a remedy. 

We are compelled to remand this case to the county superintendent with in- 
structions to dismiss the case for lack of jurisdiction. Dismissed. 

HENRY SABIN, 

June 16, 1897. Superintenddnt of Public Instruction. 



C. M. Baxter v. School Township of Bear Grove. 

Appeal from Cass County. 

Public Road to Schoolhouse. The board is bound to carry out the vote of the 
electors in the matter of opening roads to schoolhouses. 

Abuse of Discretion. The board may not substitute its own discretion for the 
clearly expressed instruction of the electors. 

At their regular meeting, on the second Monday in March, 1897, the electors 
voted a schoolhouse tax of $200 and instructed the board to open an east and 
west road to intersect a north and south road which would give Mr. Baxter ac- 
cess by the public road to his schoolhouse. Instead of carrying into effect the 
vote of the electors, the board took steps to secure a different road, and from 
their action in so doing appeal was taken to the county superintendent, who re- 
versed the order of the board, finding that the board should have attempted in 
good faith to carry out the expressed wish of the electors. The board appeals 
here. 

It is shown in the testimony, and it is not denied, that the board thought best 
to attempt to secure the cheapest road possible, in order to provide a way by 
which Mr. Baxter could reach the schoolhouse. The real question in this case, 
and the one which the county superintendent was compelled to determine, was 
whether the board committed error in its discretion. From a careful examina- 
tion of the entire case we must conclude that the county superintendent made 
no mistake in determining that it is the -duty of the board to make a strenuous 
effort to fulfill the intention of the electors. We think it was the duty of the 
board to carry into execution the vote of the electors, if possible to do so, and if 



SCHOOL LAWS OF IOWA 6J 

not possible, the attempt should have been made, and the matter then referred 
back to the electors for further instructions. See first part of section 2778 and 
first division of syllabus in appeal case on page 17 S. L. Decisions 1897. We 
think it was not within the power of the board to substitute its own discretion 
for the clearly expressed instruction by the electors. 

It is clear that the electors intended to provide relief for Mr. Baxter. This 
could be done only by providing him with a public highway upon which his 
children could reach school. This matter is of such importance to Mr. Baxter, 
and the vote of the electors providing the means by which the road was to be 
secured was so definite, that we feel compelled to suggest to the electors that at 
their annual meeting on next Monday, the fourteenth day of this month, they in- 
dicate still more clearly their desires in the matter, and that they instruct the 
board what further steps shall be taken by the board. As indicated, we can see 
no reason to interfere with the finding of the county superintendent and his de- 
cision is therefore Affirmed. 

RICHARD C. BARRETT, 

Des Moines, March 9, 1898. Superintendent of Public histruction. 



John Martin v. School Township of Baker. 

Appeal from Guthrie County. 

Notice of Appeal. The superintendent of public instruction may not entertain 
an appeal unless thirty days' notice of such appeal has been served upon the 
adverse party. 

Costs. Before an appeal from the order of the county superintendent taxing 
costs can be entertained by the superintendent of public instruction, a motion to 
retax such costs should be filed with the county superintendent. 

The question involved in this case is the taxing of costs. In 1897 John Martin 
petitioned the board of directors of the school township of Baker for a school 
for the accommodation of his ten children. The board refused to grant the re- 
quest of the petitioner. Appeal was taken to the county superintendent, who af- 
firmed the action of the board. In rendering his opinion, the county superintend- 
ent taxed the costs, amounting to $30.75, to appellant Martin. From the action 
of the county superintendent Martin appeals to this department. 

Counsel for appellee moves the dismissal of the appeal for the following rea- 
sons: First, that notice of appeal was not given as is required by section 2820 
of the code of Iowa. Second, that all of the record in the case was not certified 
to this department by the county superintendent, and for that reason the de- 
partment should refuse to consider or entertain the appeal. Third, that the rec- 
ord nowhere discloses that the county superintendent, before whom the appeal 
was tried, ever had opportunity or occasion to pass upon the question of taxation 
of costs, that no motion or request was made for him to retax. Fourth, that said 
appeal from decision of county superintendent was taken too late. 

The question to be determined is whether this department has jurisdiction 
to hear the case. Section 2820 provides tliat "thirty days' notice of the appeal 
shall be given by the appellant to the county superintendent and also to the ad- 
verse party." 

There is nothing in the transcript to show that this notice was served either 
on the county superintendent or the adverse party. For many years it has been 



70 SCHOOL LAWS OP IOWA 

the holding of the supreme court of the state of Iowa, that appeal can only be 
taken by serving a written notice upon the adverse party or his attorney, and 
the clerk. In the 74th Iowa the court rules that service of notice of appeal is 
essential to give a court jurisdiction of the case and that fact must be shown by 
the record. A recent general assembly makes similar provisions applicable in 
cases of appeal to this department. 

While it is true that only a partial record is presented, we are of the opinion 
that the transcript is sufficiently complete to enable us to pass upon the question 
raised. By this we would not be understood as favoring the certification of only 
a part of the transcript, in case of appeal. In regard to the taxation of costs, 
the code of 1897 provides that in all matters triable before him the county super- 
intendent "shall have power to issue subpoenas for witnesses which may be 
served by any peace officer, compel the attendance of those thus served, and the 
giving of evidence by them, in the same manner and to the same extent as the 
district court may do, and such witnesses and officers may be allowed the same 
compensation as is paid for like attendance or service in such court, which shall 
be paid out of the contingent fund of the proper school corporation, upon a cer- 
tificate of the superintendent to and warrants of the secretary upon the treas- 
urer; but if the superintendent is of the opinion that the proceedings were in- 
stituted without reasonable cause therefor, or, if in case of an appeal, it shall 
not be sustained, he shall enter such findings in the record, and shall tax all 
costs to the party responsible therefor. A transcript thereof shall be filed in 
the office of the clerk of the district court and a judgment entered thereon be 
made, which shall be collected as other judgments." 

The question of costs is one entirely new to this department. Prior to Octo- 
ber 1, 1897, any one aggrieved by the order or decision of a board of directors 
could, without cost, appeal to the county superintendent and again to the super- 
intendent of public instruction. 

The provisions of the law are plain. If the county superintendent is of the 
opinion that the proceedings were instituted without reasonable cause, or the 
case be not sustained on appeal, he shall tax all costs to the party responsible 
therefor. A careful study of the case reveals no error on the part of the county 
superintendent. The costs appear to have been taxed and filed as required by 
the statute. Any person aggrieved might upon application, have had the same 
retaxed and all errors corrected. 

Counsel for appellant argues that the question at bar was presented informally 
to the county superintendent, who overruled his objections, after having consid- 
ered the same. An additional transcript of the proceedings filed by the county 
superintendent, substantiates the claim of counsel but nullifies the force of it 
by stating "that no formal or written objection to the taxing of said costs were 
filed by said appellant, nor any motion to retax said costs." In the 101 Iowa, 
case of John Roane, appellant, v. J. A. Hamilton et al., involving the question of 
costs, the supreme court held that since no motion was made in the district 
court to retax costs, no consideration would be given the matter by the supreme 
court. It can not, we think, be contended reasonably that rules of court 
practice, so far as applicable, should not be followed in matters triable before 
this department. A failure on appellant's part to avail himself of his legal 
rights may not wisely be overlooked here. 

In regard to the time in which appeal may be taken, the law provides that 
thirty days' notice shall be given. The transcript shows that the case was 



SCHOOL LAWS OF IOWA 71 

heard by the county superintendent, January 7, 1898. The affidavit of appeal 
was received by special delivery Sunday, February 6, and filed Monday, Febru- 
ary 7, 1898. We think appeal was taken in time, since in computing time, 
the first day shall be excluded and the last day included, unless the last day 
falls on Sunday, in which case the time prescribed shall be extended so as 
to include the whole of the following Monday. Code, section 48, sub-section 
23. 

While the counsel for appellee does not refer to the fact, we find in addition 
to the foregoing that the affidavit of appeal presented is defective in this, that 
the notary, before whom appellant was sworn, failed to attach notarial seal. 
This, however, has not been considered irremediable in the consideration of 
the appeal. 

After having carefully considered the whole matter, we are of the opinion 
that the case is not legally before us, since the transcript fails to show service of 
proper notice and a motion to retax costs. 

The legality of this department entertaining any appeal in which a money 
consideration is the principal issue is seriously questioned. Certainly neither 
the county nor the state superintendent is authorized to render judgment for 
money. Acts of these officers are held by the courts to be ministerial, and not 
judicial. To burden this office with the adjustment of affairs involving such 
considerations as can best and only be determined finally by the courts is, from 
our point of view, to place unnecessary and unproductive labor upon the de- 
partment. Dismissed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, May 26, 1898. Superintenddnt of Public Instruction. 



Thomas Hudgens v. Independent District No. Ten, Cedak Falls Township. 

Appeal from Black Haiok County. 

Discharge of Teacher. A teacher can not be discharged by the board except 
after a full and fair investigation. 

Special Meeting. A meeting of the board, called for no specific purpose and 
of which the teacher was not served with due and proper notice, could not leg- 
ally discharge such teacher. 

Defense. The teacher is entitled to a reasonable time to prepare for and make 
his defense. The refusal of the board to grant a teacher a single day's time in 
which to make such defense is not only an abuse of discretion but a violation 
of law. 

On the third day of January, 1898, Thomas Hudgens, a teacher in Independent 
District Number Ten, Cedar Falls Township, was dismissed by a majority vote of 
the board. From the action of the board he appealed to the county superintend- 
ent, who affirmed the order of the board. From his decision appeal is taken 
to this department. 

Section 2782, laws of Iowa, concerning the dismissal of the teacher, is as fol- 
lows: "It may by a majority vote discharge any teacher for incompetency, inat- 
tention to duty, partiality, or any good cause, after a full and fair investigation 
made at a meeting of the board, held for that purpose, at which the teacher shall 
be permitted to be present and make defense, allowing him a reasonable time 
therefor." 
19 



72 SCHOOL LAWS OF IOWA 

Did appellant have a fair trial? Was the meeting held for the purpose of dis- 
charging the teacher or giving a full and fair investigation? Did the teacher 
have a reasonable time to make defense? 

In his decision the county superintendent says: "Then from the minutes of 
the school board as kept by the secretary, January 3d, we must determine what 
occurred at this meeting." If the correctness of the record were unquestioned 
this would be true. 

In the case of Appleton Park v. Independent District of Pleasant Grove, this 
department held that "the fact that the transcript referred to is not certified to 
by the secretary, and the further fact that he was not present at the board meet- 
ing in question, and wrote the minutes as dictated from memory by the presi- 
dent of the board, three days after the meeting, fully justified the superintendent 
in ruling it out and admitting parol evidence." The testimony of the secre- 
tary of the board is to the effect that the original notes made by himself at the 
time of the discharge of the teacher were destroyed; that the notes from which 
the certified transcript was made were written days after the meeting. His 
further testimony, which is not denied, is that the record of the meeting as fin- 
ally certified to the county superintendent was written by himself, aided by the 
president and another member of the board, after appeal was taken to the coun- 
ty superintendent. A record of such a character "made in view of appeal" can 
scarcely be said to be its own best evidence. 

In his decision the county superintendent quotes a former opinion of this de- 
partment to this effect: "The discharge of a teacher is largely within the dis- 
cretionary power of the board. It is to guard the rights of the school, as well as 
the rights of the teacher.. After a full and fair investigation it is its duty to act 
as it deems best under all circumstances of the case. This being the case, it is 
the duty of the county superintendent not to interfere with the action of the 
board unless he is convinced that it in some way abused its discretion. He is 
right in sustaining the board even though as an individual he would have pre- 
ferred some other action on his part." 

In the case at bar did the board make that full and fair investigation con- 
templated? We think not. The evidence submitted reveals many irregularities 
on the part of the board. The meeting was not called for a specific purpose. 
Appellant was not served with due and proper notice. The law provides that a 
reasonable time shall be given the teacher in which to make his defense. Ap- 
pellant's request for a single day's time was refused. In fact, according to the 
president's own testimony, no investigation took place. 

The school may not have been as ably conducted as the board desired, or in 
accordance with the particular views of the different members, but we can not 
approve of the action of the board in discharging the teacher without first mak- 
ing that full and fair investigation contemplated by the statute. A teacher is 
the employe of the board and as such is entitled to its co-operation and sup- 
port. For certain causes the teacher may be discharged, but only after charges 
preferred have been carefully and impartially investigated. We have given the 
case unusual attention and are forced to the conclusion that the teacher was not 
accorded that investigation which the law intends. The decision of the county 
superintendent is Reversed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, June 23, 1898. Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 73 



R. A. Kletzing v. The Ixdependent District of Montouk. 

Appeal from Tama County. 

DiscHAKGE OF Teacher. The action of the board in discharging a teaclier, after a 
full and fair investigation, will not be reversed unless it is clearly shown that that 
board violated the law, abused its discretion, or acted with manifest injustice. 

County Superintendent. The county superintendent has only appellate juris- 
diction, and should sustain the action of the board unless it be clearly shown 
that they violated law or abused their discretion. 

On February 14th, J. D. Booher, a resident of Montour, filed with the secre- 
tary of the school corporation a complaint charging the principal, R. A. Kletzing 
with incompetency, partiality, the infliction of inhuman and cruel punishment 
and general inability to govern the school over which he had supervision. 

The record, which is unquestioned, shows that a notice of the hearing was 
served on the appellant and the time fixed for the nineteenth day of February, 
at which time all parties interested appeared. Appellant was represented by 
his attorney who filed a general statement denying charges preferred. Affidavit 
of appellant was also filed claiming that the board had negligently or willfully 
refrained from visiting the school or in any manner advised with or directed ap- 
pellant in his conduct and management of the school. The hearing was con- 
cluded on February 26th and appellant was discharged by the unanimous vote of 
the board. Appeal was then taken to the county superintendent who reversed the 
board. The board appeals to this department. 

As it appears to us, the question to be determined is of sound judgment and 
discretion and not of law. Should it appear that the county superintendent op- 
posed his judgment to the judgment of the board, there is but one course for an 
ultimate tribunal to pursue. 

It is the earnest desire of this department to sustain decisions of county su- 
perintendents. Their official acts and the correctness of their views will not be 
set aside unless for cause. A similar principle should be held by county super- 
intendents when called upon to pass upon the decisions or orders of boards of 
directors. 

For almost a third of a century it has been the holding of this department 
that discretionary action of a board should be affirmed on appeal, unless by the 
evidence it is clearly proven that the board violated law or abused its discre- 
tion. "If there is reasonable doubt the board is entitled to its benefits. The 
action of the board may not be wholly approved by the judgment of the county 
superintendent, but if it be not illegal or clearly unjust, it should be sustained." 
See Edwards et al v. District Township of 'West Point, School Law Decisions of 
1884. 

The county superintendent is a court of appellate jurisdiction and is com- 
pelled to sustain the action of boards unless the evidence clearly indicates that 
they have violated law, acted with passion or prejudice, or with manifest injus- 
tice, or abused their discretion. 

In the case before' us we are inclined to the opinion that the superintendent 
passed upon the case as though he had original instead of appellate jurisdiction, 



74 SCHOOL LAWS OP IOWA 

and failed to give due consideration to the discretionary power granted school 
boards. 

The power to discharge a teacher is conferred upon boards of directors by 
section 2782, which in part reads as follows: "It may by a majority vote dis- 
charge any teacher for incompetency, inattention to duty, partiality, or any good 
cause, after a full and fair investigation made at a meeting of the board held 
for that purpose, at which the teacher shall be permitted to be present and make 
defense, allowing him a reasonable time therefor." 

Affiant, in appealing to the county superintendent, alleges that he was not ac- 
corded a full and fair investigation. In reversing the board the county superin- 
tendent so found and assigned as a reason that Mr. Stevens, president of the 
board, appeared as the prosecuting attorney. 

We can not concur with the view expressed by the county superintendent that 
appellant was not given a fair trial. That the board gaVe the case careful 
thought is shown by the fact that the hearing occupied nearly all of a week. Ap- 
pellant was given every opportunity to prepare for his defense, to call witnesses, 
and was ably represented by his attorney. So far as we have been able to learn 
from the transcript, which appears to be complete, it is not shown that malice 
or prejudice was exhibited on the part of any member of the board. The fact 
that Mr. Stevens, the president of the board, is an attorney, may not be con- 
sidered prejudicial. Naturally, as president, he would be expected to lead in the 
investigation of complaints, since in cases of this kind the board may not em- 
ploy counsel. 

The claim that the board had negligently or wilfully refrained from visiting 
the school or advising with the teacher, is worthy of most careful consideration. 
It is the duty of the board to aid teachers in the government and management of 
schools; to counsel with them and co-operate in the promotion of all the educa- 
tional interests of the district. It does not appear that members made regular 
and frequent visits to the school, but that general interest was manifested and 
a desire shown on the board's part to strengthen the schools is evidenced by the 
fact that the course of study was revised, rules for the government of teachers 
and pupils adopted, and consultations held by members of the board with the 
principal. 

In his decision, the county superintendent finds that appellant Kletzing was 
obstinate and worked in opposition to the board of directors; that his punish- 
ment of pupils was open to severe criticism; that he was disliked; that he did 
not give satisfaction; that a very undesirable condition existed; and that he did 
not exercise that judgment necessary to carry on the school harmoniously and 
without friction. The evidence clearly sustains the above enumerated findings. 
The opinion of the county superintendent is Reversed. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 

Des Moines, Iowa, September 10, 1898. 



J. L. MuNN V. School Township of Soap Creek. 

Independent District Boundaries. The provision of section 2794 of the Code, re- 
quiring the board of a school township, upon proper petition, to establish the 
boundaries of a proposed independent district, is mandatory. 

Boundaries. Must include all of the city, town or village, and also such con- 



SCHOOL LAWS OF IOWA 75 

tiguous territory as is petitioned for by a majority of the resident electors but 
may include additional territory. 

County Superintendent. On appeal the county superintendent can make such 
order touching the boundaries as the board should have made. 

Time. The time in which to take the initiatory steps to form an independent 
district is not fixed by the statute. 

Completion. The provision of section 2796, "that the organization of such in- 
dependent district shall be effected on or before the first day of August of the 
year in which it is attempted," is directory and has special reference to the levy- 
ing of taxes. It does not apply where by reason of an appeal to the county su- 
perintendent, or to the superintendent of public instruction the completion is 
not effected until after such date. 

Election. The boundaries having been fixed, it the duty of the board to give 
notice of a meeting of the voters of the territory included in the proposed dis- 
trict. 

Mandamus. Should the board fail or refuse to give the required notice of elec- 
tion, they may be compelled to do so by mandamus. 

ELECT0P.S. The electors are the sole and final judges of the desirability of a 
separate organization. 

This case relates to the formation of an independent district out of a school 
township. 

Residents of the village of Belknap petitioned the board of directors to form 
an independent district. The board by a vote of two to six refused to estab- 
lish the boundaries of the district. From the board's refusal appeal was taken 
to the county superintendent. 

Before this officer motion to dismiss was made by appellee on the ground 
that viandamus and not appeal was the proper remedy. 

The statute provides that a writ of mandamus "shall not be used in any case 
where there is a plain, speedy and adequate remedy in the ordinary courts of 
law, save as herein provided." Section 4344 Code. In the 73 Iowa, 134, case of 
Barnett et al v. Board of Directors Independent District of Earlhum, the su- 
preme court held that where the party has the right of appeal to the county 
superintendent, mandamus will not lie against a board of directors. 

It is provided in the school laws that "any person aggrieved by any decision 
or order of the board of directors of any school corporation in a matter of law or 
fact may, within thirty days after the rendition of such decision or the making 
of such order, appeal therefrom to the county superintendent of the proper 
county." Section 2818, Code. "Upon the hearing of the appeal the county 
superintendent is required to hear testimony on behalf of either party. The 
fullest opportunity is allowed for a thorough investigation of the matter of the 
appeal and the superintendent is required to make such decision as shall be 
just and equitable. And if the appellant is aggrieved at the decision of the 
county superintendent he may appeal in like manner to the state superin- 
tendent of public instruction." 35 Iowa, 444. We find no error on the super- 
intendent's part in overruling the motion to dismiss. 

The superintendent reversed the board and established the boundary lines of 
Belknap, and ordered that the district consist of the present town plat. J. L. 



76 SCHOOL LAWS OF IOWA 

Munn appealed to the superintendent of public instruction, who heard the case 
July 30th. 

At the hearing before this department, appellee moved to dismiss the case for 
the reason that the organization of the contemplated independent district could 
not be completed on or before the first day of August, 1898. 

The time in which to take the initiatory steps to form an independent dis- 
trict is not fixed. The law says: "Upon the written petition of any ten voters 
* * * such board shall establish the boundaries." A petition signed by the 
requisite number of voters might be presented at such a date as to preclude the 
possibility of completing the organization on or before the first day of August. 
To grant reasonable requests made by attorneys for continuance might also pre- 
vent the formation of districts. The wishes of parties interested could easily 
be thwarted by dilatory tactics on the part of attorneys. Under the laws of this 
state both county and state superintendents are called upon to perform many 
and varied duties. Not infrequently engagements are made weeks and some- 
times months in advance. In some cases it is quite impossible for these 
officers to grant a hearing and render a decision within the time mentioned in 
the statute. While it may be desirable that the organization be perfected 
within the statutory time, we are inclined to the opinion that the date is only 
directory and has special reference to the levying of taxes. To sustain the 
motion to dismiss would establish a precedent far-reaching in its effects and 
one tending in many cases to hinder educational advancement. 

The record upon which the county superintendent decided the appeal shows 
the following facts, which are undisputed: The village of Belknap is located at 
the crossing of the Rock Island and Wabash railways on the east one half (i/^) 
of section thirty-five (35) and the west one-half (i/^) of section thirty-six (36) 
and includes forty acres more or less. On the twenty-first of March, sixteen resi- 
dents of Belknap petitioned the township board to form an independent district. 
At the time action was taken by the board there was on file a petition signed 
by B. B. Shaffer and twenty-two other citizens asking that sections twenty-five 
(25), twenty-six (26), thirty-five (35), thirty-six (38j and the east three- 
quarters (%) of section thirty-four (34) be included in the proposed new 
district; also a petition from A. J. Blankenship and five others asking that the 
remainder of section thirty-four (34) and section twenty-seven (27), less the 
northwest quarter iy^) of the northwest quarter (%), together with the south- 
east quarter ( i/4 ) of the southeast quarter (Vi) of section twenty-two (22) 
be included in the Independent District of Belknap. B. B. Shaffer and P. H. 
Burns presented an amendment to the original Shaffer petition asking that it 
be amended by striking out the north one-half (i/^) of section twenty-five (25). 
The record however fails to show that the amendment was filed with the 
board of directors. 

With these petitions before it, what was the duty of the board? 

We regard the construction of section 2794 so important that it was sub- 
mitted to Hon. Milton Remley, attorney-general, for his opinion. He says in 
part: "The language of the section relating to the duties of the board is as 
follows: 'Such board shall establish the boundaries of a proposed independent 
district, including therein all of the city, town or village, and also such con- 
tiguous territory as is authorized by a written petition of a majority of the 
resident electors of the contiguous territory proposed to be included in said 
district in not smaller subdivisions than entire forties of land in the same or 



SCHOOL LAWS OF IOWA 77 

in an adjoining scliool township, as may best subserve tlie convenience of the 
people for school purposes, and shall give the same notices of a meeting as 
is required in other cases. 

"The board of directors of the school township is elected by the people of 
the entire township. They may have interests antagonistic to the formation of 
an independent district. There seems to be but little left to the discretion of 
the board. They are required to include therein all of the contiguous territory* 
proposed to be included in said district in not smaller subdivisions than forty 
acres of land. It seems to be obligatory upon them to include the territory 
petitioned for, except where the proposed boundary line would divide forty 
acres of land, according to the government survey. They might, however, in 
case the convenience of the people of some subdistrict left out of the proposed 
independent district demanded it, include more territory than was described in 
the petition. The circumstances might be such that a few families, after the 
proposed independent district was carved out of the school township, would be 
practically left without school privileges. The law seems to require, in fixing 
the boundaries, that all of the contiguous territory petitioned for shall be in- 
cluded, but does not even inferentially prevent the board of directors, in fixing 
the boundaries, from including some not petitioned for. 

"I think the statute is mandatory, requiring the boundaries to be established 
by the directors, which boundaries shall include all territory petitioned for, 
and as much more as the judgment of the board of directors shall deem neces- 
sary to subserve the convenience of the people for school purposes. It is also 
mandatory upon the board to give notice of the meeting at which the people 
may vote." 

To the question, "In case an appeal is taken to the county superintendent 
from the action of the board in refusing to establish boundaries, should the 
county superintendent consider both the convenience of the people and the 
petition presented by the majority of the electors, or is he limited to the 
petition alone?" 

His reply is: "He can exercise no power not given by statute to the board 
of directors, and can make such order as the board of directors should have 
made. In adding any territory not embraced within the petition he should cer- 
tainly consider the convenience of the people, both in the proposed independent 
district, and also the convenience of any who are left in a school township; but 
like the board of the district township, he would not be authorized to omit any 
of the territory included within the petition from the proposed independent dis- 
trict. He is not, however, limited any more than the board would be by the 
petition in regard to adding to the proposed independent district land not in- 
cluded in the petition." 

Since it is the duty of the board and the superintendent, in case of appeal, 
to include in the proposed district at least all of the contiguous territory peti- 
tioned for, it only remains for us to do likewise. Our opinion is not final, 
however. The voters themselves are to determine whether or not they desire 
a separate organization. A careful consideration of the facts in the case leads 
us to the opinion that the formation of the independent district of Belknap is 
desirable; that it will accommodate well a large number of children. At no 
distant day a graded school will be provided, and with modern equipment and 
trained teachers, pupils will enjoy advantages superior to those now granted 
them. 



78 SCHOOL LAWS OF IOWA 

In harmony with the petitions of the electors, and the ruling of the attorney- 
general, it is therefore ordered that the independent district of Belknap be con- 
stituted to contain sections twenty-five (25), twenty-six (26), twenty-seven (27), 
less the northwest quarter (i/4) of the northwest quarter ( % ) thirty-four (34), 
thirty-five (35), thirty-eight (38), and the southeast quarter (i/4J of the south- 
east quarter (^4) of section twenty-two (22) of Soap Creek township. It is 
further ordered that in accordance with section 2794 the board shall take the 
necessary steps to provide for the holding of an election. The same to "be held 
before November 1, 1898. Reversed. 

RICHARD C. BARRETT, 

* Superintendent of Public Instruction. 

Des Moines, Iowa, October 1, 1898. 



J. L. MuNN V. School Township of Soap Creek. 

Appeal from Davis County. 

application fob rehearing. 

New Questions. Questions not raised at the hearing before the county super- 
intendent nor before the superintendent of public instruction at the time the 
appeal was heard by him can not be considered for the first time on an applica- 
tion for a rehearing. 

Rehearing. The application for a rehearing will be denied unless sufficient 
reasons have been presented warranting a change in the former opinion. 

Application for a rehearing in the above entitled case is now made by the 
appellee, the district township of Washington, on the ground that "this case 
does not decide whether or not an appeal lies where a board fails to take 
action." A review of the case shows that the board did act. It declined to 
establish the boundaries of the proposed independent district of Belknap. We 
do not understand that counsel contends otherwise. 

Affidavit of appellant Munn, made in taking appeal from the decision of the 
board, says: "The school board of said school township rendered a decision re- 
fusing to grant the petitions of residents of Belknap and contiguous territory.'" 
Again, quoting from affidavit: "Said board erred in that they have no legal 
discretion in the matter, and should have granted the independent district as 
asked for by said petitions." 

Attorney for appellee argues that only the single petition from the village of 
Belknap was refused and that others from contiguous territory are now before 
the board and may be called up and passed upon at any meeting. This point 
was presented both orally and in written argument by counsel, and" was given 
due consideration before announcing former decision. 

In the case of Johnson v. School Toivnship of Utica, appeal from Chickasaw 
county, the board had before it at its September meeting a petition requesting 
the formation of a new subdistrict. Without action the board adjourned to con- 
sider the petition the following February. At the trial before the county super- 
intendent motion was made to dismiss the case on the ground that the petition 
was still before the board. The motion was overruled by the county super- 



*For decision of the Supreme Court in this case see 110 Iowa, 652. 



SCHOOL LAWS OF IOWA 79 

intendent. On appeal, this department, we think, rightly sustained the lower 
tribunal. 

In the case before us no action of the board could have barred more effectually 
the formation of the independent district. That petitions from contiguous ter- 
ritory were before the board has not been questioned. 

Our attention is again called to the time in which the organization of the 
independent district may be completed. No sufficient reason has been presented 
to warrant us in changing our opinion in regard to this point. 

The other question, whether or not the village of Belknap has sufficient popu- 
lation, was not raised at the hearing before the county superintendent nor this 
department and may not be considered now. 

The foregoing review disposes of the material points involved in the motion 
for rehearing. 

This department might have reversed the decision of the county superin- 
tendent and remanded the case to the board with instructions to establish the 
boundaries of the proposed district in accordance with the opinion of the 
attorney-general. Had this been done the only course for the board to pursue 
would have been to fix the boundaries of the district including all contiguous 
territory petitioned for. The course adopted appeared to be the more speedy 
and for that reason was chosen. 

As previously stated, our decision is not final. The law wisely leaves the 
final settlement covering the formation of districts, in such cases as this, to the 
voters themselves. If those residing upon the outside territory proposed to 
be included, desire to vote separately on the proposition, they may do so. 
Should a majority of the votes cast on such outside territory be against the 
proposed district, it shall not be formed. 

The application for rehearing is Denied. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 

Des Moines, Iowa, October 18, 1898. 



0. P. Hale v. School Township of Riverdale. 

Appeal from Kossuth County. 

Appe.\i.s. Should be conducted with fairness and impartiality. 

Time of Hearing. If the county superintendent can not hear testimony for 
both parties at the time set for such hearing, he should give the parties ample 
time later to make a clear and full presentation of their cause. 

At a special meeting of the board of directors, held September 30, 1898, it 
was voted to change the schoolhouse in subdistrict number one, from the 
present site to a point one mile west. From the decision rendered, O. F. Hale 
appealed to the county superintendent, who affirmed the board's action. 

In appealing to the superintendent of public instruction, appellant alleges 
errors as follows: 

1st. He, the county superintendent, failed to take into consideration the 
geographical position, number and convenience, of the scholars and residents of 
the subdistricts, as required by section 2773, Code of 1897. 

2d. That the trial being set for 1 p. m. on October 27th, he failed to appear 



80 SCHOOL LAWS OF IOWA 

until about 4 p. m., and then conducted the trial in such haste and evident 
impatience as to embarrass appellant whose witnesses had returned to their 
homes before the superintendent's arrival, and thus prevented him from fully 
presenting his' case. 

3d. That he refused to allow your appellant to argue his case and adjourned 
the trial without affording appellant an opportunity to fully present his case. 

It is due all parties in controversy that appeals be conducted with impar- 
tiality. The law expressly declares that notice of the time and place of hear- 
ing appeals shall be sent in writing by the county superintendent to all parties 
adversely interested. It is expected that the utmost fairness will be shown. 

A failure on the part of the county superintendent to appear at the appointed 
hour set for hearing the case is not an error of great consequence, provided 
ample time is given all parties to make a clear and complete presentation of 
their cause. 

We find no denial of errors charged and are disposed to remand the case to 
the county superintendent with the suggestion that he fix a time in the near 
future for hearing the case anew, and give notification to interested parties as 
provided by statute. 

Having heard the testimony, and considered the geographical position, num- 
ber and convenience of the pupils, he shall then make such decision as may 
appear just and equitable. Remanded. 

RICHARD C. BARRETT, 

February 3, 1899. Superintendent of Public Instruction. 



Irving J. Johnston v. Independent District of Sanboen. 

Appeal from O'Brien County. 

Restoration of Territory. The refusal of a board of directors of an inde- 
pendent district to concur in the restoration of certain territory may not be 
reversed except when clearly shown that such refusal was an abuse of 
discretion. 

County Attorney. It is not only wise but in conformity with law for the 
county superintendent to consult the county attorney before deciding an appeal. 

The proceedings in this case are founded upon section 2792 of the code of 
1897 and is brought to have several sections of land now included in the Inde- 
pendent District of Sanborn restored to the school township of Summit, to 
which they geographically belong. 

The section to which reference is made above provides that territory so 
situated may be restored by the concurrent action of the boards of directors, 
and shall be so restored upon petition of two-thirds of the electors residing 
upon the territory proposed to be set off, provided the school corporation that 
is to receive back the territory and the county superintendent concur. 

The transcript forwarded in this case is very complete. It shows that a peti- 
tion signed by two-thirds of the electors was presented to the board of directors 
of the school township of Summit and the territory accepted. For some reason 
not apparent, it was not then presented to the county superintendent, but was 
laid before the board of directors of the Independent District of Sanborn. Said 
board failing to act, an action was brought at the May term of the district 



SCHOOL LAWS OP IOWA 81 

court in 1898 to compel action. In response to the court's order the board met 
and considered the petition on the eighteenth of June and rejected the same. 

From the decision of the board Irving J. Johnston et al. appealed to the 
county superintendent, who affirmed the order of the board, and said parties 
now appeal to the superintendent of public instruction. 

In all cases of appeal the county superintendent is charged to make such 
decision as may be just and equitable. It is alleged that the decision rendered 
is not that of the county superintendent, but one given by the county attorney. 
We can not concur in the view taken by counsel for appellants. It is not 
denied, however, that the county attorney did submit to the county superin- 
tendent an opinion. In fact, the complete opinion of the county attorney is 
made a part of the transcript. Having heard the evidence, we think she acted 
wisely and in conformity with law in requesting the county attorney for the 
correct interpretation of the law relating to the issues, before deciding the 
appeal. 

It is also alleged that the county superintendent erred in refusing to concur 
with the board of directors of the school township of Summit as provided in 
section 2792. A careful reading of the transcript convinces us that the appeal 
is not, in this instance, from the action of the county superintendent in re- 
fusing to concur, but from her decision in affirming the order of the board 
of directors in rejecting appellant's petition. 

The question to be determined then is whether the board of directors of the 
Independent District of Sanborn in refusing to concur in the restoration of ter- 
ritory abused its discretion or violated law. The latter is not claimed. 

It is contended that the restoration of the territory is desired in order that 
additional school facilities may be provided for the children of the school town- 
ship of Summit. Such motives are commendable. Doubtless, the refusal to 
consent to the transfer of territory is, in part, for the reason that better school 
facilities are provided appellants by the board of directors in the Independent 
District of Sanborn. 

As a part of the Independent District of Sanborn those residing upon the 
territory in question enjoy several advantages. Among them is that of attend- 
ing a well graded school in which is taught not only the common school 
branches, but the advanced studies as well. Again, if territory is detached it 
becomes necessary for pupils to travel from tlie town while now not infre- 
quently conveyances in the regular order of business carry children both to and 
from school. That these advantages are appreciated is evidenced by the 
remonstrance signed by all but one of the present electors having children of 
school age, and presented to the board of directors of the Independent School 
District of Sanborn prior to its action on the eighteenth of June. 

If pupils of the school township of Summit are not enjoying school facilities 
such as are most profitable and the board is desirous of securing increased 
advantages it may arrange with any person outside the board for their trans- 
portation to and from school in the same or in another corporation. Expense 
incurred for such services may be paid from the contingent fund. 

Having carefully considered all of the facts and circumstances entering into 



82 SCHOOL LAWS OF IOWA 

the merits of the case, we can find no reason to warrant us in disturbing the 
decision of the county superintendent or setting aside the action of the board. 

Affirmed. 
RICHARD C. BARRETT, 
Superintendent of PTcblic Instruction. 
Des Moines, Iowa, February 8, 1899. 



E. F. Bacon v. The Independent District of West Des Moines. 

Appeal from Polk County. 

Expulsion of Pupils. Pupils may be expelled by the board for immorality, 
violation of the regulations and rules established by the board, or when their 
presence is detrimental to the best interests of the school. 

Jurisdiction. The board of directors of a school corporation have no jurisdic- 
tion over children after the termination of the school year. 

Existing School. The order expelling a scholar must be from an existing 
school. The scholar's relationship with the school is severed when the school 
year has closed and vacation has begun. 

The facts presented for consideration in this case show that on the third day 
of June, 1898, the superintendent of the West Des Moines city schools, in ac- 
cordance with the provisions of section 2782 of the Code, notified the president 
of the board of directors of the suspension of certain pupils, among them Julius 
Bacon, son of the appellant, for acts of disorder, insubordination, and for con- 
duct detrimental to the best interests of the school. On the sixth day of June 
the board of directors met in regular session and was addressed by the ap- 
pellant in behalf of his son. Several of the suspended pupils present also spoKe, 
acknowledged their wrong and asked for reinstatement. Julius Bacon acknowl- 
edged his error, but pleaded extenuating circumstances. The board then ad- 
journed without action until June 13th, a week after the close of the school 
year, at which time Bacon was expelled for one year from June 3, 1898, and 
the others from four to seven months. From the action of the board E. F. 
Bacon appealed to the county superintendent, who heard the case in regular 
form and affirmed the action of the board. Appellant now appeals to the super- 
intendent of public instruction. 

The law provides that the board of directors may expel any scholar from 
school; first, for immorality; second, for violation of rules; third, when the 
presence of the scholar is detrimental to the best interests of the school. 

To warrant the board in exercising its expulsive power it is not necessary 
that the scholar be a corrupter of youth, or a flagrant, or a persistent violator 
of the established rules. It may, if occasion requires, summarily expel a pupil 
whose presence is considered harmful to the best welfare of the school. 

To deprive a pupil of school privileges, however, is an act of so much conse- 
quence that it should be decided upon only after all the circumstances entering 
into the case have been thoughtfully weighed. 

The provision authorizing boards to expel when the presence of any scholar is 
harmful is a recent enactment. Formerly courts held that pupils could be 
expelled from school only as a punishment for breach of discipline or for of- 
fenses against good morals. 



SCHOOL LAWS OF IOWA 83 

Instances have arisen where pupils intellectually the superior of their asso- 
ciates and possessed of high ideals in many respects have, without displaying a 
spirit of insubordination themselves or openly disregarding the expressed 
wishes of those placed over them, become leaders and incited others to open 
revolt against the school authorities. Recognizing the weakness of the former 
provisions of law to deal with such cases, the general assembly in revising the 
code inserted the third division above given in order that boards could protect 
the interests intrusted to them. While the provision is an excellent one, the 
power conferred by it should always be exercised with great care and within 
proper and legal lim^its. 

Several questions are presented to us for consideration by counsel for ap- 
pellant. In view of the construction we feel obliged to put upon section 2782 
it is only necessary to determine the question: Has the board of directors of a 
school corporation jurisdiction over children after the termination of a school 
year, as determined by the board of directors? 

We are unable to find that this question has ever been determined by the 
supreme court of our state; hence to a certain extent reliance is placed upon 
the holdings of the judicial tribunals in other states. In a Nebraska case given 
in 48 Northwestern Reporter we find that an attempt was made to show that 
the board was justified in expelling a pupil because of an alleged insubordina- 
tion. In answer to the allegation the court said: "But the charge even if 
true relates to her conduct during a former term of school. We need not deter- 
mine therefore whether the testimony sustains that charge or not." Here the 
court declined to consider alleged charges of insubordination because they were 
committed at a term of school having previously closed. 

The statute says that the board of directors have power to "expel any scholar 
from school." This language evidently means that before a board of directors 
may issue a valid order expelling a scholar from school, there must be an 
existing school and also a scholar to be expelled therefrom. 

The transcript shows that all school exercises for the year had closed, con- 
tracts had expired and teachers were released. 

While boards of directors are charged with the making of rules for the gov- 
ernment of schools, we are not disposed to hold that the law authorizes them to 
exercise control over teachers and pupils during vacation. Notwithstanding 
the fact that the board in this case ordered one pupil expelled for four months, 
three of which are for the vacation months of June, July and August, we are 
not fully satisfied that the board claims such authority or wishes to be charged 
with- the responsibility. If such is the view taken, however, it can not be 
sustained. 

Julius Bacon had been a scholar the past year, but the relationship was 
severed at the time of the board's action. There is nothing to indicate that 
he would present himself and claim school privileges at the opening of the 
next year. 

We are always gratified when we can affirm the decision of a county super- 
intendent who has sustained a discretionary act of a board. A statement of 
fact such as was in this case presented to the county superintendent for his con- 
sideration w'ould warrant an affirmance of a board's action in expelling a pupil 
for a reasonable time, if jurisdiction were not questioned. 

Inasmuch as there was no school and consequently no scholars we can only 
find that Julius Bacon was not subject to the authority of the board of directors 



84 SCHOOL LAWS OP IOWA 

of the school corporation of West Des Moines and could not therefore be 
expelled. 

The decision of the county superintendent is Reversed. 

RICHARD C. BARRETT, 
Superintendent of Piiblic Instruction. 
Des Moines, Iowa, March 18, 1899. 



E. F. Bacon v. Independent School District of West Des Moines. 

Appeal from Polk County. 

application for rehearing. 

Orax Aegument. The failure of counsel for appellee to present oral argument, 
after being informed of the hearing, will not justify a reopening of the case. 

Rehearing. To warrant the superintendent of public instruction in granting a 
rehearing it must be shown that some very serious error has been made. 

The attorney for the appellee comes now and asks for a rehearing In the 
above cause for the reason "that the sole question considered by the state super- 
intendent was one upon which this appellee was not heard in oral argument 
before him." 

For many years it has been the custom of the department of public instruc- 
tion in hearing appeal cases to notify interested parties. The office record 
shows that both appellant and counsel for appellee were notified of the time set 
for final hearing. The failure of counsel for appellee to present oral argument 
after being duly informed of the hearing will not justify the department in 
reopening the case. 

It is somewhat doubtful whether under the law a rehearing is contemplated 
or possible. An examination of the statute fails to reveal any direct provision 
authorizing the same, while section 2820 relating to appeals to the superin- 
tendent of public Instruction says: "The decision when made shall be final." 
Doubtless, upon being convinced that a decision rendered was erroneous, either 
the county superintendent or superintendent of public instruction might recall 
the same and reverse or modify former holdings. To warrant either of these 
officers in reopening a case, it must be shown that some very serious error 
has been made, or that some additional testimony has been discovered which 
could not have been presented at the former hearing by using reasonable dili- 
gence. See case of Mary Grey v. Independent District of Boyle, S. L. 1897. 

In response to the application for a rehearing a willingness to receive and 
consider a written argument which counsel for appellee might submit touching 
the point determined in our former decision was expressed by the superintend- 
ent of public instruction. Before rendering our decision of March 18, 1899, all 
of the material points suggested were fully and carefully considered. Since 
the receipt of counsel's argument we have reviewed the case and read with care 
the cases cited, and believe that nothing would be accomplished by a rehearing. 

The application is Denied. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 

Des Moines, Iowa, June 1, 1899. 



SCHOOL LAWS OF IOWA 



W. H. Messker and Foster Rigler v. The School Townshu* of Bear Grove. 

Appeal from Guthrie County. 

Bond for Costs. The law does not require the filing of a hond for costs or the 
giving of security therefor as a condition necessary to perfect an appeal. 

Expense of Appeals. It is the evident intent of the law to make it possible for 
aggrieved parties to have a hearing with the least possible delay and annoyance, 
and at the lowest expense. 

This case arises from the action of the board of directors of the school town- 
ship of Bear Grove to redistrict the same. 

From the board's action the appellants appealed to the county superintendent. 
In accordance with the statute the secretary of the board of directors filed a 
transcript of the board's proceedings March 15th. On the twenty-second of 
March the county superintendent notified appellants that the appeal was not 
perfected, and that unless bonds for the costs were executed, filed and approved 
within twenty days from the date of notice the appeal would be dismissed and 
the action of the board of directors affirmed. On the eleventh of April, the ap- 
pellants having failed to comply with the order of the county superintendent 
the appeal was dismissed and the order of the board redistricting the town- 
ship affirmed. From this order appeal is now taken to this department. 

Appellants appeal from the ruling of the county superintendent in dismiss- 
ing the appeal case, affirming the action of the board, and in requiring them to 
give bonds for costs: 

1. Because the county superintendent erred in requiring appellants to give 
bond for costs. 

2. Because said ruling and action is, in fact, a denial of justice, in that it 
prevents appellants from having a trial and hearing as provided by law. 

An examination of the law relating to the taking of appeals from the action 
of a board of directors to the county superintendent fails to show any require- 
ment demanding a bond for costs from any of the parties in controversy. So 
far as we are able to learn, the only reference to costs in cases appealed to the 
county superintendent, is that contained in section 2821, which reads: "But if 
the superintendent is of the opinion that the proceedings were instituted with- 
out reasonable cause therefor, or if, in case of an appeal, it shall not be sus- 
tained, he shall enter such findings in the record and tax all costs to the party 
responsible therefor." 

The general provisions of law touching the question of costs are in no sense 
applicable to cases of appeal to the county superintendent or the department of 
public instruction. On the contrary, the law provides that any person aggrieved 
by any order or decision of the board of directors may appeal therefrom to the 
county superintendent, and the basis of the proceedings shall be an affidavit 
filed with the county superintendent, within the time for taking the appeal. 
Nowhere can we find that the county superintendent is authorized to establish 
a different basis such as the giving of bonds for the security of costs. The 
evident intent of the law relating to appeals appears to be to make it possible 
for aggrieved parties to have a hearing with the least possible delay and an- 
noyance and at the lowest expense. 



86 SCHOOL DAWS OF IOWA 

Believing that tlie law does not require the filing of a bond for costs or the 
giving of security therefor as a condition necessary to perfect an appeal taken 
from the action of the board of directors, the decision of the county superin- 
tendent is reversed and the case is remanded vi'ith instructions to fix an early 
date for hearing the same upon merit. Reveksed and Remanded. 

RICHARD C. BARRETT, 

June 26, 1899. Superintendent of Public Instruction. 



Nora Oelke v. R. C. Spencer, County Superintendent. 

Appeal from Audubon Govlnty. 

Good Moral Character. The county superintendent should require proof that 
the applicant for a certificate possesses good moral character, unless he has 
personal knowledge of the same. 

Refusal of Certificate. Good moral character being one of the essential qual- 
ifications of a teacher, the county superintendent is fully justified in refusing a 
certificate to an applicant who fails to furnish satisfactory evidence of such 
character. 

Normal Institute. The county superintendent may refuse to enroll such per- 
sons as members of the normal institute as he has reason to believe are morally 
deficient. 

County Superintendent. Has large discretionary power in the matter of issu- 
ing or withholding certificates, and his decision will not be reversed unless 
it is clearly shown that he was prompted by prejudice or ill-will, or acted with 
manifest injustice. 

This case arises from the refusal of the county superintendent to grant 
Nora Oelke a certificate to teach in the public schools, and to enroll her as a 
member of the normal institute. 

A hearing was had on the twenty-third and twenty-fourth days of August, 
1899, before the superintendent, who affirmed his former decision. Nora Oelke 
appeals. 

The law vests in the county superintendent large discretionary powers in the 
matter of issuing certificates. He must be fully satisfied that the applicant pos- 
sesses scholarship, teaching ability, and good moral character. Of the last 
named qualification the law makes it his duty to require proof, unless he has 
personal knowledge of the same. 

Too great stress can not be laid upon the value of character in the school- 
room. The teacher's character and public conduct should be without reproach. 
Section 2737 of the Code contemplates that the county superintendent, among 
other things, should find as a fact and so certify that the person to whom 
authority to teach is granted is of good moral character. 

The county superintendent, being charged with this grave responsibility, is 
presumed to exercise his discretion justly and impartially. Not only is he the 
sole judge of the qualifications of those who desire to teach, but also of how 
fully he will give the applicant reasons for the refusal of a certificate. Walker 
V. Crawford, p. 42, S. L. Decisions, 1897. 

There is no evidence in this case that the action of the county superintendent 



SCHOOL LAWS OP IOWA 87 

was prompted by prejudice or ill will. He privately cautioned the appellant, as 
well as her father, against certain indiscretions upon her part which had be- 
come a matter of public gossip, without receiving any satisfactory explanation. 

The superintendent, being a near neighbor to the appellant, formed his judg- 
ment as to her fitness to teach in a measure from personal observation of her 
conduct. Although represented by counsel at the hearing before the county su- 
perintendent, the evidence offered in her behalf is very meager. So far as the 
record shows, no evidence whatever was offered to show that she is of good 
moral character. 

Thfe refusal of the county superintendent to permit appellant to enroll as a 
member of the normal institute, is also assigned as error. 

Under the law the county superintendent has general charge and control of 
the normal institute. As its head he not only possesses the legal right, but in 
our opinion it becomes his duty to exclude from its membership persons who 
are intellectually or morally unfit to attend. Most educational institutions re- 
quire testimonials as to character before students are admitted. This rule is a 
reasonable one, and the head of a college or normal institute would be justified 
in refusing to enroll such students as he has reason to believe are morally 
deficient. 

Under the law we are compelled to give due weight to the acts of the county 
superintendent. His decision should not be reversed unless it is clearly shown 
that he violated the law, abused his discretion, or acted with manifest injustice. 
The evidence fails to disclose that such showing has been made. 

The decision of the county superintendent is therefore Affirmed. 

RICHARD C. BARRETT, 

Des Moines, December 15, 1899. Superintendent of Public Instruction. 



J. M. Sutton v. The Independent District of Shelby. 

Appeal from SheWy County. 

Location of Schoolhouse Site. In the location of a schoolhouse site the board 
is justified in considering the wishes of a majority of the people as indicated in 
the vote upon the issuance of bonds. 

Expenditure of Money. Where money is voted by the electors for a specific 
purpose, or where they couple certain directions with their vote when authoriz- 
ing the expenditure of money, such directions or vote may not be disregarded 
by the board. 

The board of directors, being about to erect a new building to be used for 
high school purposes, were petitioned to locate the same at a point east of the 
railroad track. From their action in refusing to grant the prayer of said peti- 
tion, the plaintiff appealed to the county superintendent, who, on the twenty- 
first day of September, 1899, affirmed the action of the board. From that 
decision appeal is taken to this department. 

It appears from the evidence that in March, 1899, the electors of the Inde- 
pendent District of Shelby voted to authorize the board to issue bonds in the 
sum of six thousand dollars, "for the purpose of erecting an additional school 
building, the same to be built of brick, and purchasing a steam heating plant 
and placing it therein and in the present building in said district, in such a 
20 



88 SCHOOL LAWS OF IOWA 

manner as that both the new and the present school building shall be heated 
thereby." It being subsequently found that the amount first voted would be 
insufficient, the electors on the third day of August voted an additional three 
thousand dollars upon the same condition as the first issue was voted. 

We are unable to find that the board abused its discretion or violated law 
in rendering the decision complained of. The members of the board were evi- 
dently desirous of carrying out the wishes of the people as indicated in the vote 
upon the issuance of bonds. To our mind it is quite clear that the electors 
authorized the issuance of bonds with the understanding that the new build- 
ing should be erected in close proximity to the present one. Any other theory 
renders the clause, "and placing a steam heating plant therein and in the 
present school building in such a manner as that both the new and the present 
buildings shall be heated thereby," practically meaningless. 

This department, as well as the supreme court of our state, has held that 
where money is voted for a specific purpose, or where the electors couple cer- 
tain directions with their vote when authorizing the expenditure of money, 
such directions or vote can not be disregarded. 

The decision of the county superintendent is Affirmed. 

RICHARD C. BARRETT, 

Des Moines, December 14, 1899. Superintendent of Public Instruction. 



J. E. Rush et al. v. School Township of Franklin. 

Appeal from Allamakee County. 

Appeal. An appeal may be taken from the decision of the board to place a peti- 
tion on the table. 

In this case the appellants presented the following petition to the board of 
directors of the school township of Franklin at the regular meeting of the 
board of directors in September: 

"We, the undersigned citizens and residents of Franklin, in Allamakee coun- 
ty, Iowa, respectfully represent that they are without school advantages by 
reason of being so far from a schoolhouse that during the winter season nearly 
all of the small children in our neighborhood have to remain at home. 

"That there is a sufficient number of school children of school age in our 
neighborhood to form a school if a school building could be placed near the sec- 
tion corners of sections 2, 3, 10 and 11. 

"We therefore respectfully ask that you take such action as will secure the 
location and erection of a school building at the corners of the sections above 
named and provide for a school to be held at that point." 

The certified copy of the transcript of the proceedings of the board shows 
that "after much discussion it was decided to place the petition on the table 
until the next meeting of the board." From his decision J. E. Rush et al. 
appealed to the county superintendent. At the hearing before this officer a 
motion to dismiss the appeal was filed on the following ground, to-wit: 

"That there is in the record no grounds shown for an appeal in this — that 
the action complained of was simply a motion to lay the petition on the 
table — a matter from which no appeal can be taken." 

Two other counts are assigned, but are not of importance in the determina- 
tion of this appeal. 



SCHOOL LAWS OF IOWA 89 

The county superintendent sustained the motion for the reason "that th^ 
action was not appealable," and dismissed the case. J. E. Rush and W. T. 
Roderick appeal to this department. 

The main contention is: May appeal be taken from the decision to place 
the petition on the table. 

In the case of Rogness v. District ToivnsMp of Gletnvood, appeal from Win- 
neshiek county, this department held that the right of appeal from the vote of a 
board to lay a petition on the table can not be questioned, but like any other 
action must be regarded as subject to appeal. 

In this opinion we find ourselves in accord. To hold otherwise under con- 
ditions such as are alleged to exist in this case would, we think, work great 
injury. The purpose of the board in laying the petition on the table is not ap- 
parent, but no other action upon their part could have more effectually . pre- 
vented petitioners from obtaining relief. To sustain the decision of the 
county superintendent would, we think, at least be to encourage boards of 
directors in employing dilatory tactics instead of business methods in the 
transaction of educational affairs. 

The law prescribes that boards of directors shall hold semi-annual meetings 
in September and March. By section 2801 authority is conferred upon boards 
of directors to divide the school township into subdistricts such as justice, 
equity, and the interests of the people require. This provision in the case of 
Donelon v. The District ToivnsMp of Kniest, was held to mean that changes 
in boundaries of subdistricts could only be made at the regular September meet- 
ing or one called for that purpose before the following March. 

The order of the board was that the petition be laid on the table "until the 
next meeting of the board," but the records fail to show that any time was 
fixed for the meeting. 

It may be said that a special meeting could be called at any time. This is 
true, but the fact that no such meeting was held up to the time of hearing 
the appeal before the county superintendent on the nineteenth of December, 
and the further fact that appellees are now strenuously seeking to have this 
department affirm the decision, is presumptive that the board had no intention 
of considering the interests of petitioners, prior to the annual meeting in 
March if at all. 

In view of the above we think the case should be heard upon its merits by 
the county superintendent. It is therefore ordered that he fix a time, giv- 
ing due and proper notice to interested parties, and after hearing testimony 
for either party, render such decision as may be just and equitable. 

Reversed and Remanded. 
RICHARD C. BARRETT, 

Des Moines, Iowa, March 27, 1900. Superintendent of Puhlic Instruction. 



A. J. Jones v. Independent District of OcHEYEa)AN. 

Appeal from Osceola County. 

Dismissal of Teacher. The board may not dismiss a teacher for refusing to 
teach grades or classes other than those named in the contract. 
Special Meeting. A teacher may not be discharged at a special meeting called 
for the purpose of securing modification of his contract. 



90 SCHOOL LAWS OF IOWA 

CoxTRACT. A refusal of the teacher to agree to a change in a legal contract 
with the board is no ground for discharge. 

On March 23, 1899, the appellant entered into a written contract in the usual 
form by the terms of which he was to "teach the high school and superintend 
the public school" in the Independent District of Ocheyedan for the term of 
twenty-four weeks, commencing in September, 1899, and was to receive for 
such service the sum of seventy-five dollars per school month. 

On September 11, the opening day of the term, the board of directors at 
a special meeting convened at the schoolhouse passed the following resolution: 

"Whebeas, The principal, A. J. Jones, has refused to accede to the request 
of the board in regard to the eighth grade being advanced to the high school 
room, he is hereby dismissed as principal and superintendent of the Ocheyedan 
public schools from this date, and his contract is hereby annulled." 

From the order of the board appeal was taken to the county superintendent, 
who affirmed the action of the board, and the appellant now seeks relief in 
this department. 

Appellant asks a reversal chiefly on two grounds, viz.: 

(1) .That the eighth grade was no part of the high school and for that 
reason it was no part of his duty to teach it. 

(2) That he was not accorded that full and fair investigation contemplated 
by the law as set forth in section 2782. 

These two points will be considered in the order presented. 

1. We find from the transcript that at a meeting of the board of directors, 
held October 10, 1898, the appellant was requested to prepare a three years' 
course of study for the high school, and also a set of rules and regulations for 
the government of the schools. 

Appellees earnestly contend that the power to prescribe a course of study and 
rules and regulations, rests with the board, and that in the absence of delegated 
authority to re-delegate such power, no power exists to thus delegate, and any 
attempt to do so is void. This question we need not determine, as no action 
of the board shows that it attempted to delegate any authority to appellant. 

A reasonable construction of the board's action providing that the principal 
prepare a course of study, is that he might make such course as would in his 
judgment meet the needs of the schools under his supervision, and submit his 
report to the board for approval, modification or rejection. This method is that 
usually adopted by boards, and the principle has indirectly been approved by the 
supreme court. {Hall v. Incl. District Aplington, 82 Iowa, 686). 

At a special meeting of the board on October 15, 1898, the course prepared 
by appellant, together with rules and -regulations, was adopted, and according 
to the testimony of Mr. Underbill was, so far as completed, printed by him on 
the order of the board in November following. It must, we think, be conceded 
that the board adopted the course of study with suitable regulations. We are 
led to this conclusion by the further fact that the board on September 11, 1899, 
voted to rescind the action of October 15, 1898, in reference to the course of 
study. The query naturally arises, why this action if no course were adopted? 

The contract entered into by the board with appellant was made in March 
following the adoption of the course, and, as above stated, provided that he 
should teach the high school, which, according to the classification adopted Oc- 
tober 15th, consisted of the ninth, tenth and eleventh grades. 



SCHOOL LAWS OF IOWA 91 

Did the board have the right to dismiss appellant for refusing to teach 
grades or classes other than those named in the contract? We think not. To 
answer affirmatively would be equivalent to stating that boards of directors have 
abrogative power relating to contracts with teachers. To allow them to re- 
pudiate contracts and force other parties to perform duties not agreed upon 
would, we think, be to encourage a breach of contract and a breach of faith. 

If a board has a right to modify, without consent, a contract to the extent 
of requiring a principal to teach an eighth grade not contemplated when the 
contract was made, there would appear to be no limit; and a hostile board 
could demand that a teacher under contract to give instruction in high school 
branches should teach primary pupils, or vice versa; and upon failure to exe- 
cute in a satisfactory manner the demands of the board, discharge him for in- 
competency. 

2. This case differs from that usually presented. There are no charges of 
incompetency, inattention to duty, partiality, or immorality. The testimony and 
the record show that appellant began his school September 11th at the usual 
hour of opening. • 

The board of directors met on the afternoon of September 11th and after 
rescinding the action of October 15th, 1898, whereby a course of study was 
adopted, "adjourned to meet at the schoolhouse at once." Here the appellant 
was discharged, as stated in the resolution above given. 

Was the meeting such as the law contemplates shall be held in cases of this 
kind? The law wisely provides that a teacher may only be discharged after 
an impartial trial held for that purpose. In all the testimony, there is no dis- 
agreement as to the purpose of the meeting. It was for the purpose of getting 
the appellant to modify the contract by accepting the eighth grade, and not for 
the purpose of discharging him. He was called into the presence of the board 
and informed of its purpose. 

Appellant stated in his reply, which was written, and which he was asked 
to give at once, that he w^as ready to fulfill his contract; that if the board 
had rescinded its action in regard to a course of study he would like to know 
what the course of study for the high school should be, and the duties of the 
superintendent under the same. He expressed a willingness also to teach even 
the eighth grade for a reasonable amount of additional salary. 

In view of this expressed willingness of appellant to do that which seems 
reasonable, we are unable to justify the action of the board. We think a com- 
promise might well have been attempted, and proven at least reasonably satis- 
factory to both parties. The whole case has been given most earnest attention, 
and we can not find that appellant was discharged for good and sufficient cause, 
after that impartial investigation contemplated. His dismissal under all the 
circumstances revealed by the record can not be approved. Reversed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, May 12, 1900. Superintendent of PuNic Instruction. 



J. W. Lttle v. School Township of Washington. 

Appeal from Story County. 

Independent District Boundaries. It is mandatory upon the board of a school 
township to include in a proposed independent district all of the territory 
within the corporate limits of the town. 



92 SCHOOL LAWS OF IOWA 

Incorporated Town. In the formation of an independent district under section 
2794 of the Code, all the town must be included in the proposed district, not- 
withstanding the fact that said town was formerly located partly in a school 
township and partly in a rural independent district. 

Boundaries. The extension of the boundaries of a municipal corporation ex- 
tends the boundaries of the independent district of said municipal corporation. 

On February 17, 1900, at a special meeting of the board of directors of the 
school township of Washington there was presented a petition of thirty-three 
citizens of the town of Kelley, asking the establishment of an independent dis- 
trict, including therein all of the incorporated town. 

After discussion, the matter was deferred for a week in order that the board 
might more thoroughly investigate and obtain an opinion of the county super- 
intendent, county attorney, and other unbiased counsel, if deemed necessary. 

At the date fixed the board met and established the boundary lines for the 
new district, as requested by petitioners. 

On March 6, 1900, J. W. Lytle et al appealed from the order of the board to 
the county superintendent, who reversed its action. 

From the plat submitted, it is shown that the town of Kelley is situated on 
the township line in the townships of Washington and Palestine, and includes 
the following territory: 

The south three-fourths of section thirty-one (31), and the south three-fourths 
of section thirty-two (32), west one-half of section thirty-three (33), range thir- 
ty-three (33), township twenty-four (24), in Washington township; the north- 
west quarter (Vi^, of section four (4), north one-half (%) of section five (5), 
and north one-half (%) of section six (6), in Palestine township, range eighty- 
four (84), township twenty-four (24). 

The chief point in controversy is, has the board of directors of a school town- 
ship authority in establishing the boundary lines of a proposed independent dis- 
trict to include in the new district any part of the territory of adjacent rural 
independent districts? Generally speaking, such territory can not be included. 

Section 2794 of the code provides, however, that "upon the written petition of 
any ten voters of a city, town or village of over one hundred residents, to the 
board of the school township in which the portion of the town plat having the 
largest number of voters is situated, such board shall establish the boundaries of 
the proposed independent district, including therein all of the city, town or vil- 
lage." 

The section clearly indicates that it is mandatory upon the board to include 
in the proposed district all of the territory within the corporate limits of the 
town, regardless of whether or not the territory in part belongs to rural inde- 
pendent districts. Failure to do so would, we think, be a plain violation of law. 

It is true, as held by the county superintendent in his opinion, that no inde- 
pendent district may, in the formation of a new district, be subdivided so as to 
contain less than four sections of land, except in certain instances enumerated in 
section 2798. It is also true that "the independent district from which territory 
is detached shall, after the change, contain not less than four government sec- 
tions of land," etc. (Section 2793.) We are of the opinion that these limitations 
apply to the cases set forth in the sections cited, and are not applicable when it is 
proposed to form an independent district containing an incorporated town, lo- 
cated largely in a school township, and in adjacent rural independent districts. 



SCHOOL LAWS OF IOWA 93 

On March 23, 1899, in answer to the question: "Does the law as found in 
chapter eighty-nine (89), acts of the twenty-seventh general assembly, contem- 
plate that 'when the corporate limits of any city or town are extended outside 
of the existing independent district or districts, the boundaries of said inde- 
pendent district or districts shall be also correspondingly extended,' without re- 
gard to township or county lines, manner of organization of the district or dis- 
tricts from which territory is taken, or the condition in which such district or 
districts will be left after the territory has been taken?" Hon. Milton Remley, 
attorney-general, in concluding his official opinion to the department said: 

"My conclusion is that the extension of the boundaries of a municipal corpor- 
ation made in the manner required by law, extends the boundaries of the inde- 
pendent districts of said municipal corporation, without any action on the part 
of the school districts or their officers, and regardless of the effect of such change 
upon the district from which territory is taken." 

Thus it appears that while section 2794 makes it the duty of the board to in- 
clude all of the territory of the city, town or village in the formation of a new 
independent district, chapter eighty-nine (89) provides for the enlargement of 
the boundaries of the independent district, whenever the corporate limits are 
legally extended. So broad is this provision that the extension of the boundaries 
of the municipal corporation, so as to include an entire district or districts, cor- 
respondingly extends the boundaries of the independent district. 

Though the opinion quoted has special reference to the extension of the bound- 
aries of the municipal corporation, we think the holding applicable in the case 
before us. 

We can not find that the board violated law, abused its discretion, nor acted 
with prejudice or malice. 

The decision of the county superintendent is, therefore Reversed. 

RICHARD C. BARRETT, 

July 3, 1900. Superintendent of Puhlic Instruction. 



G. N. Wilson v. Independent District of Hiteman. 

Appeal from Monroe County. 

Expulsion or Scholar. The board may, by a majority vote, expel any scholar 
from school for immorality, or for any violation of the regulations or rules estab- 
lished by the board. 

Notice. The law does not require school boards to give parents or pupils notice 
or a chance for defense before ordering suspension or expulsion. 

Action of the Board. Must be affirmed in the absence of showing of malice, 
prejudice, or violation of law. 

The majority of the board of the Independent District of Hiteman expelled a 
son of the appellant, a pupil in room No. 3, from the school and school grounds 
for bad and immoral conduct. From the action of the board, appeal was taken to 
the county superintendent, who sustained the board, and an appeal is taken to 
the superintendent of public instruction. 

Section 2782 provides that the board may, by a majority vote, expel any 
scholar from school for immorality, or for any violation of the regulations or 
rules established by the board; and it may also confer upon any teacher, prin- 



94 SCHOOL LAWS OP IOWA 

cipal or superintendent the power temporarily to dismiss a scholar, notice of 
such being at once given in writing to the president of the board. 

The record presented shows that the board had by Rule No. 2 conferred 
upon the principal the "power to suspend any pupil for repeated disobedience; 
for filthy or immoral habits or language, for injuring or defacing school prop- 
erty, or for any intentional violation of the rules." Under the authority thus 
conferred, the principal did, on the seventeenth day of December, 1900, notify 
the president of the board of the dismissal of J. Wilson, for conduct unbecoming 
a pupil. On the following day the board in special session sustained the order 
of the principal "until such time as his parents shall give assurance to the 
school board that he will comply with the rules of the school." 

In appealing to the county superintendent, appellee alleges that said pupil 
was "expelled without cause and without legal notice or chance to defend." 
Appellant seems to have an erroneous idea regarding the power of a board to 
dismiss a pupil. The law does not demand that the board shall give parents 
or pupils notice or chance for defense before ordering suspension or expulsion. 
The power to expel a pupil is wholly within the discretion of the board. How- 
ever, the undisputed testimony of the principal goes to show that the father 
of the boy was notified by a member of the board of the meeting to be held for 
the purpose of investigating the case. 

A careful examination of the entire record submitted fails to reveal that the 
action of the board is in any way tainted by malice or prejudice, or that there has 
been a violation of law. In expelling the pupil until such time as he was 
willing to conduct himself properly and obey the reasonable regulations of the 
school, we think the board acted in a very conservative and proper manner, and 
that the county superintendent was justified in sustaining its action. 

The decision of the county superintendent is Affirmed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, May 27, 1901. Superintendent of Puhlic Instruction. 



H. A. Topping and Thomas Williams v. School Township of Union. 

Appeal from Van Buren County. 

Correction of Decision. The superintendent, in the discharge of his judicial 
duties, may, within a proper time, recall and correct a decision erroneously 
rendered. 

Decision. The county superintendent is warranted in rendering a decision based 
upon certain conditions. 

This case arises from the action of the board of directors of the school 
township of Union in voting to remove the schoolhouse in subdistrict number 
four from its present location to a site one-half mile south and one mile west. 

Upon appeal to the county superintendent, it was shown that the children 
from the families of appellants would be nearly or quite two and one-half miles 
from the schoolhouse located upon the new site. The county superintendent 
remanded the case to the board July 1st, with the recommendation that it make 
provision for the schooling of the children in adjacent districts, provided they 
desire to attend, "but if that is not done we will be compelled to reverse the 
action of the board." On July 16th a statement signed by the president and 
secretary pro tern, of the board of directors of Union township was filed, al- 



SCHOOL LAWS OF IOWA 95 

leging that the board had made arrangements to send appellants' children to 
school in accordance with the decision. On the same date attorneys were noti- 
fied that the action of the board was sustained. On July 23d counsel for ap- 
pellants filed a statement from the board of directors of the Independent Dis- 
trict of Winchester to the effect that "no provision has been made with the 
board of the school township of Union for the schooling of the children of 
Thomas Williams." On the following day counsel filed a motion, asking that 
the decision rendered July 16th be set aside, since the board had failed to carry 
out its provisions. 

In passing upon this motion the superintendent held, that since notices 
had been sent to interested parties that the action of the board was sustained, 
the case was closed and could neither be reopened nor the decision set aside. 

In this conclusion we think the superintendent unintentionally erred. In 
the case of Desmond v. The Independent District of Glemcood, 71 Iowa, page 23, 
the supreme court held: 

"The superintendent of public instruction, in the discharge of his judicial 
duties, has the power to correct mistakes in rendering judgments in a case 
before him possessed by all courts and judicial officers. If, through mistake, he 
should announce a decision differing from the decision actually rendered, he 
possesses the power to recall such an announcement, and publish the decision 
correctly; or if, mistakenly, he should render a decision, he could, before rights 
had been acquired under it, and within a proper time, upon discovering the 
mistake, recall it and decide rightly." We think that the county superintendent 
has the same power. 

By the provisions of section 2774 the board of directors has power to con- 
tract with boards of other school townships or independent districts for the 
instruction of children who live at an unreasonable distance from their own 
school; and we think the county superintendent was warranted in rendering a 
decision based upon certain conditions. 

The case is remanded to him with the suggestion that he reopen the same, 
and give all parties interested the opportunity to show clearly and definitely 
that there has or has not been a compliance with the decision. 

If such showing is not made within a reasonable time, it is recommended 
that he make such decision as to him appears just and equitable, after taking 
into consideration the geographical position, number and convenience of pupils. 
From the decision, any party aggrieved will have the right to appeal. 

Remanded. 
RICHARD C. BARRETT, 
Superintendent of Piihlic Instruction. 

Des Moines, Iowa, November 13, 1901. 



F. E. Hammer v. Will Cook. 

Appeal from Adair County. 

Constitutionality of Laws. It is not the province of the county superintend- 
ent or of the superintendent of public instruction to determine the constitution- 
ality of the law, since these officers exercise ministerial rather than judicial 
powers, and no appeal may be had to the supreme court. 

Jurisdiction of Superintendent. It is the duty of the county superintendent 



96 SCHOOL LAWS OF IOWA 

and of the superintendent of public instruction to give effect to the law as 
interpreted by the courts. 

Costs — Taxing or. The costs in cases triable before the county superintendent 
should be paid by the party instituting the proceedings unless there were good 
and sufficient reasons for beginning the action and the allegations have been 
proved. 

Costs — Taxing the Corpoeation. Under section 2821, where the county super- 
intendent could not under her findings tax *the costs to the plaintiff because 
there was reasonable cause for instituting the proceeding, nor to the defendant 
for the reason that she had to find for said defendant, she must tax them to 
the school corporation. 

On the twelfth day of January, 1904, Mrs. Ella C. Chantry, county superin- 
tendent of Adair county, in rendering a decision in the above entitled case, 
taxed the costs amounting to $51.05 to the school township of Harrison. There- 
upon the school township, through its attorney, filed a motion with the county 
superintendent to retax the costs, and on the ninth day of February, 1904, the 
motion was overruled. From this action of the county superintendent, the 
board of directors of the school township of Harrison appeals to the super- 
intendent of public instruction. 

Two questions only need be considered: First, had the county superin- 
tendent warrant in law to tax the costs to the school township; and, second, 
if she had such warrant, did she abuse her discretion in so taxing? 

Section 2821 of the Code says: 

"The county superintendent in all matters triable before him shall have 
power to issue subpoenas for witnesses, which may be served by any peace 
officer, compel the attendance of those thus served, and the giving of evidence 
by them, in the same manner and to the same extent as the district court may 
do, and such witnesses and officers may be allowed the same compensation as 
is paid for like attendance or service in such court, which shall be paid out of 
the contingent fund of the proper school corporation, upon the certificate of 
the superintendent to and warrant of the secretary upon the treasurer; but if 
the superintendent is of the opinion that the proceedings were instituted with- 
out reasonable cause therefor, or if, in case of an appeal, it shall not be sus- 
tained, he shall enter such findings in the record, and tax all costs to the 
party responsible therefor." 

The transcript of this case shows that the plaintiff, F. E. Hammer, pre- 
ferred charges against Will Cook, a teacher, and sought to secure the revoca- 
tion of the certificate of said Cook. The two parties in interest were Hammer 
and Cook. Counsel for appellant argues that the school township "was in no 
way made a party to the proceedings, had no notice therein, nor any oppor- 
tunity to appear, defend or prosecute said proceedings;" and that the order of 
the county superintendent in taxing the costs to the school township, if sus- 
tained, would deprive the school township of its property without due process 
of law. It is, therefore, urged that section 2821 of the Code, insofar as it at- 
tempts to confer jurisdiction to tax costs to school corporations, where such 
a school corporation was not a party to the proceedings, is unconstitutional, and 
we are asked to so declare it. This, manifestly, we can not do, since no appeal 
can be taken to the supreme court from a decision of the superintendent of pub- 
lic instruction. We are obliged to give effect to the law as it stands until the 



SCHOOL LAWS OP^' IOWA 97 

same is annulled by the supreme court. Section 2821 plainly makes it the duty 
of the county superintendent to tax the costs in "all matters triable before him," 
either to the school corporation or to the party responsible for bringing the case. 

If the county superintendent could not, under her findings, tax the costs to 
F. E. Hammer, she was obliged to tax the costs to the school township of Har- 
rison, and if the constitutionality of the law under which this power was exer- 
cised is to be questioned, the school township should seek to secure an order 
from the district court to set aside the judgment. 

But, had F. E. Hammer reasonable cause for instituting the proceedings? 
The county superintendent in her decision says: "I find that this proceeding was 
begun In good faith and that he (F. E. Hammer) had reasonable cause for 
filing the information." In support of this conclusion the evidence shows that 
the most serious allegations of the information were sustained — that the 
teacher had resorted to methods of punishment that can not be approved, and 
that in the course of a fight with two of the large boys of the school he had 
used obscene and indecent language. But there were extenuating circum- 
stances, and the certificate was not revoked, the superintendent instead repri- 
manding the teacher for his errors. 

We are of the opinion tiiat the costs in cases triable before the county super- 
intendent should be paid by the party instituting the proceedings, unless there 
is very good cause for beginning the same and the allegations are fully proved. 
In the case before us the allegations of the plaintiff were sustained by the evi- 
dence, and while the prosecution was, no doubt, prompted in part by malice, 
in the exercise of her discretionary powers conferred by section 2821 of the 
Code, the county superintendent refused to tax the costs to the plaintiff, F. 
K Hammer. We do not find sufficient cause for reversing this decision, it 
being a well recognized rule of the courts that in the absence of an affirmative 
showing of an abuse of discretion, the presumption is that it was properly 
exercised. (58th Iowa, page 131.) Affirmed. 

JOHN F. RIGGS, 

Des Moines, Iowa, May 25, 1904. Superintendent of Piihlic InstruQtion. 



G. E. Hancock et al. v. School Tovpnship of Fr.\nklin. 

Appeal from AllamaJcee County. 

Power of Committf.e of a School Board. A school board may not confer upon 
a committee authority to purchase a site, contract for the erection of a school- 
house or perform any other duty enjoined upon the board by the law. 

School Privileges — Transportation. While it is incumbent on the board to 
furnish reasonable school privileges for all the children of the township, it is 
often the better plan to transport pupils to existing schools than to establish 
additional schools. 

Redistricting — Entire Corporation Considered. A school board in establish- 
ing subdistrict boundaries must consider the interests of all in the corporation. 

At a regular meeting of the board of directors of the school township of 
Franklin, held on the twenty-first day of March, 1904, a motion was adopted by 
unanimous vote by which the president of the school board was empowered and 



98 SCHOOL LAWS OF IOWA 

instructed to "appoint a committee of tliree to lease a schoolhouse site to set 
tlie No. 9 schoolhouse on. That this committee be empowered to let contract 
of moving schoolhouse, surveying school site, and all other work pertaining to 
such work, and are authorized to draw orders on the treasurer to pay for the 
same." 

t'rom this action of the board appeal was taken to the county superintendent, 
who, on June 6; 1904, rendered his decision affirming the action of the board, 
as set forth in the resolution, and approving the selection of the site made by the 
committee appointed under the resolution. 

From this decision of the county superintendent G. E. Hancock et al, appeal 
to the state superintendent, and ask a reversal on two grounds: 

First, that the order and proceedings of the school board were unauthorized, 
and 

Second, that, had the action been regular, the removal of the schoolhouse to 
the location where the testimony shows the committee proposed to move it, 
would be prejudicial to the rights of appellants and the school patrons and tax 
payers of the township. 

Section 2773 of the Code makes it the duty of the school board to "fix the 
site for each schoolhouse," and it has been held by this department that "the 
power to locate sites for schoolhouses is vested, originally, exclusively in the 
board." 

Counsel for appellees contend that when the action of March 21st was taken 
it was well understood by all members of the board where the schoolhouse was 
to be placed. While this is altogether probable, it is not revealed in any way 
in the records, and there was nothing in the resolution that limited the com-, 
mittee in any particular. Neither is there any record to show that the com- 
mittee was to report its findings back to the board for final action. In fact, the 
contrary is inferred, since the committee was "empowered to let contract for 
moving schoolhouse, surveying school site, and all other work pertaining to such 
work, and to draw orders on the treasurer to pay for the same." 

We are of the opinion that the board clothed this committee with powers 
which a school board alone can exercise. 

A committee of the board may properly make choice of a definite site and 
secure an option from the owner of same, either to lease or sell, and then report 
back to the full board for adoption or rejection. 

The fact that the committee did make a report to the board on the eighteenth 
day of June, — twelve days after the county superintendent gave his decision, — 
does not legalize the act of the board in appointing the committee with powers 
which the board could not legally delegate. It was the evident intent of the 
board when appointing the committee that no report was expected, at least 
not until the entire work of surveying the site and of moving the schoolhouse 
should be completed. The board was further in error in authorizing a committee 
of its members to "draw orders on the treasurer." Section 2780 of the Code 
makes it the duty of the board to "audit and allow just claims against the cor- 
poration, and no order shall be drawn upon the treasury until the claim therefor 
has been audited and allowed." 

Since the powers delegated to the committee were unauthorized by law, it 
follows that the work of the committee can not stand. It is thus unnecessary to 
enter into a full discussion of the second contention of plaintiff, viz.: That the 
site selected by the committee, had it in fact been regularly and legally se- 
lected, would have been an abuse of discretion and reversible error. 



SCHOOL LAWS OF IOWA 99 

But since the board will have the whole question before it anew, we venture 
to suggest that in adjusting the subdistrict boundaries or in changing the 
location of one or more of the schoolhouses, careful deliberation should be had 
and the strict form of the law should be adhered to. 

The record of the case shows that the board has for years attempted to har- 
monize conflicting interests and has, as we believe, sought in good faith to serve 
the interests of the entire township. While it is incumbent upon the board to 
furnish reasonable school privileges for all the children of the township, it 
would, in our judgment, be unwise to create a new subdistrict and establish 
an additional school. Last year there were but 184 pupils enrolled in the entire 
township of Franklin. In some of the schools of this township the enrollment 
is now far too small for satisfactory school work or reasonable economy in the 
maintenance of the school. A saner course than the establishing of an ad- 
ditional school would be for the board to furnish transportation for those children 
remote from school. Indeed, we are strongly of the opinion that some of the 
schools now existing could be profitably abandoned and the children carried 
to another school, which could easily be made a better school. We commend to 
the board a careful consideration of this suggestion, believing as we do that 
partial consolidation of school interests and transportation of pupils remote 
from school will solve the difficult problem with which the board has been 
contending for years. We venture this suggest/ion as one of the means of meet- 
ing a difficult situation and at the same time of increasing the enrollment and 
average attendance in the township. 

But whatever course the board may take, the interests of the entire town- 
ship must be considered and an adjustment made that will do practical justice 
to all. It is with the confident belief that the board will make such adjustment 
that the case is remanded for further consideration and action. 

Reversed and Remanded. 
JOHN F. RIGGS, 
Superintendent of Puhlic Instruction. 

Des Moines, Iowa, November 14, 1904. 



A. Engbees et al. v. School Township of Richmond. 

Appeal from, Mahaska, County. 

Records. The secretary's record should show a copy of each notice, a complete 
account of the transactions of all meetings of the board and of the electors, 
arranged in chronological order, the date of each being given, the names of 
the members present at each meeting of the board, and the names of those 
voting for and against each pi'oposition acted upon by it. 

Record — Defective. A defective record may render it impossible to try a case 
on its merits. 

Election — Notice of Proposition. No proposition may legally come before the 
electors at a regular or special meeting unless ten days' notice has been given. 

Notice — Form of Proposition. The proposition submitted to the electors must 
not differ in any essential from the proposition as advertised in the notices. 

Vote of Electors — Instruciions. When the electors vote a school house tax to 
erect a schoolhouse on a particular site the board is without power to erect it 
on a different site. 



100 SCHOOL LAWS OF IOWA 

JuKiSDiCTiON OF SUPERINTENDENT. Neither the county superintendent nor the 
superintendent of public instruction have jurisdiction over questions arising 
under the voting of taxes. 

The transcript in this case shows that on the sixth day of March, 1905, the 
electors in Subdistrict No. 10 of Richland township decided to ask that a tax 
be voted for the erection of a schoolhouse in said subdistrict on the old site. 

At the annual meeting, held one week later, the proposition was presented to 
the electors, the secretary's record of the proceedings being as follows: 

"No. 10, subdistrict, asked for tax to build new schoolhouse; amount, $700. 
They also asked for new road to schoolhouse; amount not named. Motion made 
to move schoolhouse site one hundred rods south and one-half mile west in 
subdistrict number ten from what it is now, providing the tax for schoolhouse 
carried." 

Eighty-four ballots were cast for this motion, fifteen against, and one blank. 

The school board held meetings on March 20th, April 10th, May 27th and 
July 22d. But the record does not show who of the members were present, 
although the testimony would indicate that a majority of the members were 
present at each meeting. It appears that no motion was made or vote taken 
at any one of these meetings and the secretary, so far as the transcript shows, 
took no minutes of what may have been informally agreed upon. 

The following advertisement appeared in the New Sharon Star for four con- 
secutive weeks, beginning with the issue of June 14, 1905: 

BIDS FOR SCHOOLHOUSE. 

The school board of Richland township will receive bids for the building of a 
new schoolhouse in Subdistrict Number 10, Richland township, Mahaska county, 
Iowa. Plans and specifications are now in the hands of the secretary, with 
whom bids may be left. Said bids will be opened July 22, 1905. The board re- 
serves the right to reject any and all bids. Mamie Linusley, Sec, 

Peoria, Iowa. 

Bids were opened and the contract awarded July 22d, and on the same date 
appeal was taken to the county superintendent- who, after admitting an amend- 
ment to the affidavit of appeal, proceeded with the trial and rendered a de- 
cision, ordering the schoolhouse to be placed on the old site. From this de- 
cision of the county superintendent the board of directors appeal to the super- 
intendent of public instruction. • 

We can not condemn too strongly the careless manner, both in transacting 
the business and in keeping the records in this school township. The secre- 
tary's records should show copies of all notices posted, a complete record of all 
business transacted at the annual meeting of electors, the date of every meet- 
ing of the board and the place held, the members' present, the votes taken, and 
every important item of business transacted. Particularly in all matters re- 
lating to the voting of taxes and expending of public money the records should 
be full and explicit. But in the case at bar, with four meetings of the board 
held, and important questions involving the expenditure of public money de- 
termined, there is no evidence that the business transacted at any of these 
meetings was made a matter of record. While there is nothing in the testimony 
to show that the board acted in bad faith or purposely sought to deceive, the 
record is so incomplete that the actions from which appeal is sought to be made 
could not be easily located or the nature of the action clearly determined. 

The transcript in the case does not give a copy of the notice of the annual 



SCHOOL LAWS OF IOWA 101 

meeting (required by section 2746 of the Code), and the record is silent as to 
what said notice contained. This omission is unfortunate, for the whole ques- 
tion of the legality of the action taken by the electors and the subsequent 
actions of the board rests upon the contents of this notice. Section 2749 of the 
Code enumerates certain powers the electors may exercise when assembled at 
the annual meeting on the second Monday in March, among others the power 
to vote a schoolhouse tax for the purchase of grounds and the construction of 
schoolhouses. Section 2746 provides that the secretary of the board of directors 
shall give not less than ten days' notice of said n^eeting by posting notices in at 
least five public places in the corporation, said notices to specify "the place, 
day, hours during which the meeting will be in session, specifying the number 
of directors to be elected and the terms thereof, and such propositions as will 
be submitted to and determined by the voters." 

In the case of Goerdt v. Trmnin, 118 Iowa, page 207, the supreme court holds 
that none of the propositions enumerated under section 2749 can be legally 
acted upon by the electors at the annual meeting unless specific and legal notice 
has been given that such proposition or propositions will be submitted. In the 
case at bar, with the incomplete transcript, we are unable to know whether or 
not the action taken by the electors March 13th was legal. 

The preponderance of the testimony shows that the motion voted upon was 
understood by the electors to combine two propositions, viz.: The location of 
the site and the voting of the tax. If then the notices previously posted by the 
secretary stated that the question of voting a tax to build on a site at or near 
one hundred rods south and one-half mile v/est of the old site would be sub- 
mitted, the vote on such question locating the schoolhouse and voting the tax 
for its erection was legal and the board was without power to select a different 
site. 

While the record is entirely silent as to the contents of the notice of the 
annual meeting posted by the secretary, it is improbable that any mention was 
made in such notice that a change of site was contemplated, for Mr. W. S. 
Lindsley, in his testimony, says: "At the annual meeting I made the sugges- 
. tion that we change the schoolhouse site from where it was to one hundred 
rods south and a half mile west." It appears that this suggestion was made 
for the first time at the annual meeting, and that it had not been mentioned in 
the written notices posted by the secretary ten days before, and therefore could 
not be considered by the electors. If no notice of the site proposition was 
given, the fact that it was coupled with the tax proposition would invalidate 
the entire vote, even if legal notice as to the tax proposition had been given, 
the rule being that the proposition as voted upon must not differ in any essen- 
tial from the proposition as advertised. 

If then the electors acted within their rights in voting the tax and the loca- 
tion, the board was under the necessity of carrying out the instruction given. 
(Rodgers v. School District of Colfax, 100 Iowa, 317.) If, on the other hand, 
the action of the electors in voting the tax and the location was illegal, no tax 
could be legally raised and no schoolhouse could be legally constructed. In 
either case an appeal would not lie. If the whole procedure has been without 
warrant of law, as we suspect, the board may be enjoined from collecting or 
applying any public funds for the payment of site or construction of school 
building. 



102 SOHOOL LAWS OF IOWA 

The county superintendent was without jurisdiction, and the case is tliere- 
fore Dismissed. 

JOHN F. RIGGS, 
Superinte7ident of Public Instruction. 
Des Moines, Iowa, November 27, 1905. 



Rose Byrne v. Independent School District of Struble. 

Appeal from Plymouth County. 

Dismissal of Teacher — Charges. Charges to warrant a dismissal must be 
specific and sustained by evidence. Indefinite and anonymous complaints are 
insufficient. 

Dismissal of Teacher — Appeal — Burden of Proof. In a trial before the 
county superintendent on an appeal from an action of the school board dis- 
missing a teacher the burden of proof is on the board. 

On the twenty-third day of January, 1906, the board of directors of the 
Independent District of Struble met in special meeting to investigate certain 
charges preferred against Rose Byrne, a teacher in the employ of said board. 
At said meeting seven communications (one of them anonymous), addressed 
to the school board, were read. Each of these communications contained one 
or more complaints against defendant teacher. At said meeting Miss Byrne 
was represented by her attorney and filed a denial of the charges. The 
transcript does not show that any evidence was introduced before the board 
in support of the charges, but that, after hearing the complaints read and the 
denial by defendant teacher, a motion to dismiss Miss Byrne at once was car- 
ried, three of the four directors present voting in the affirmative. Appeal was 
taken, and the case coming on for hearing before the county superintendent, 
the action of the board was reversed and Miss Byrne ordered reinstated in 
her position in the Struble school, whereupon tht; board appealed to the super- 
intendent of public instruction. 

The case, as we view it, involves the question: 

First. Can a board discharge a teacher on complaints general in character 
and without the introduction of evidence to fully substantiate the same? 

Second. In an appeal to the county superintendent from a decision of the 
board in dismissing a teacher, is the burden of proof upon the board or upon 
the teacher? 

Section 2782 of the Code provides that a teacher may be discharged for "in- 
competency, inattention to duty, partiality, or for any good cause." 

While the boards are given large discretion and, in the trial of such cases, are 
not required to observe the strict forms of a court of law, it is necessary that 
they make thorough investigation of charges lodged; that the charges, if proven 
true, be of sufficient consequence to warrant a termination of the contract, and 
that such charges be specifically set out and clearly proven. 

In the case at bar the charges were so general in character, and some of them 
so trivial, that full testimony from creditable witnesses would be required to 
convince any court of review that they were sufficient to warrant the board 
in dismissing the teacher. Such testimony was not given before the board. It 
was therefore the duty of the county superintendent upon appeal to take evi- 



SCHOOL LAWS OF IOWA 103 

dence and determine the very case the board had determined. (S. L. 2819.) 
When the case was before the board, the burden of proof was unquestionably 
upon that body. Tlie prosecution must establish the guilt of the accused, not 
the accused prove her innocence. If the board, without examining a witness 
or taking a word of testimony that would have standing in any court of law, 
can discharge a teacher, such board can not in the hearing before the county 
superintendent insist that the burden of proof is upon the teacher. While the 
county superintendent must give due weight to the decision of the board, and 
will not reverse the board except upon a clear showing of violation of law or 
abuse of discretion, he can not require the teacher to offer testimony in proof 
of her innocence when the board has introduced no testimony to prove her guilt. 

The decision of the county superintendent is Affirmed. 

JOHN F. RIGGS, 
Superintendent of Puhlic Instruction. 

Des Moine^ Iowa, March 27, 1906. 



Clyde Freeman v. D. E. Brainard, 

Appeal from Harrison County. 

Revocation of Certificate — Charges. Defendant through defective hearing is 
incapacitated to properly conduct school — that he had been in the habit of 
going to the outbuildings to smoke — that he was indifferent and neglectful 
of his duties. 

Evidence. The evidence establishes the fact that defendant was In such a 
measure deaf that he could not detect by ear the disorder resulting from 
whispering and that he could not properly conduct classes. It was also 
shown that he smoked in the outbuilding. The evidence concerning other 
complaints was not so full, but proved carelessness and indifference. 

County Superintendent. The law makes it the duty of the county super- 
intendent to satisfy himself of the general fitness and good moral character 
of every applicant for a certificate and provides that he may revoke a certificate, 
"for any cause which would have authorized or required a refusal to grant 
the same." 

Clyde Freeman received a uniform county certificate of good grade July 1; 
1909. 

He was subsequently employed as a teacher in Harrison County. 

On March 18, 1910, the county superintendent of Harrison county notified 
Clyde Freeman that certain complaints having been made concerning his work 
as a teacher, a hearing would be held on March 25, 1910, at which time 
he would be given opportunity to show why his certificate should not be 
revoked. 

At the hearing, it was shown that plaintiff is in such measure deaf that 
he can not detect by ear the disorder resulting from whispering and that 
in conducting classes he must be near to and in front of the class in order 
to hear well. 

It was also shown that he has been in the habit of going to the outhouse 
at recess for the purpose of smoking and that this fact was shown to the 
pupils. 
21 



104 SCHOOL LAWS OF IOWA 

The evidence concerning other complaints is not full, although it seems 
pretty well established that there has been in some measure indifference and 
neglect of the work of the school. 

After the hearing, the county superintendent took the case under advise- 
ment and on March 26, 1910, issued an order revoking the certificate. Clyde 
Freeman now appeals to the superintendent of public instruction. 

The law makes it the duty of the county superintendent to satisfy himself 
of the general fitness and good moral character of every applicant for a cer- 
tificate and provides that he may revoke a certificate "for any cause which 
would have authorized or required a refusal to grant the same." 

In the case of Walker v. Crawford, school law decisions, Hon, Henry Sabin 
says: "The discretion vested in the county superintendent by law is very 
large, and for this purpose, that he may guard the public schools against 
the intrusion of persons unworthy or unfit for the office of teacher. The 
department of public instruction can not release him from his responsibility, 
nor can it interfere with his discretionary acts except upon the clearest and 
most convincing proofs of violation of law, or of the influence of passion or 
prejudice in the performance of his official duty." 

In the case before us, the evidence shows that the county superintendent 
had visited the school and was familiar with all the facts. Although the 
charge is made that he was actuated by malice, we fail to find evidence of this 
in the transcript. 

From the facts shown we fail to find reason for reversing the decision 
of the county superintendent, and his order of revocation is, therefore, sus- 
tained to become effective on and after April 23rd, 1910. 

Affirmed. 
JOHN F. RIGGS, 
Superintendent of Public Instruction. 



W. C. Arnold et al. v. School Township of Richland. 

Appeal from Wapello County. 

ScHOOLHousES. Schoolhouses must be located to accommodate all pupils and 
may not be in an objectionable locality. 

Board of Directors. School boards must provide equal school advantages to 
all so far as possible either by furnishing a suitable building or by trans- 
portation. 

Transportation. If the schoolhouse has been destroyed and school can not 
be maintained then all pupils shall be transported who live over one and 
one-half miles from the schoolhouse they are directed by the board to attend. 

On September 18, 1909, the board of directors of the school township of 
Richland entered into a contract with Thomas Vanderpool for the use of a 
building to serve as a schoolhouse in subdistrict No. 7 for the current school 
year and ordered school to be held therein. From this action appeal was 
taken to the county superintendent who affirmed the decision of the board, 
and W. C. Arnold et al. now appeal to the superintendent of public instruction. 

From a careful study of the record and of the written arguments of 
counsel it appears that all admit the necessity of a schoolhouse in subdistrict 



SCHOOL LAWS OF IOWA 105 

No. 7. This subdistrict has been without a sclioolhouse since February 16, 1908. 
Since that date two elections have been held in the school township and one 
in the subdistrict for the purpose of voting a schoolhouse tax with which 
to build a schoolhouse in this subdistrict, but in each case the proposition 
failed to receive a majority of the votes cast. 

Failing in the attempt to rent a room in the subdistrict for schoolhouse 
purposes during the school year 1908-1909 the board provided transportation 
for the pupils of subdistrict No. 7 to other schools in the school township. 

As the school year 1909-1910 approached, the electors having failed to pro- 
vide funds with which to erect a schoolhouse in subdistrict No. 7, two courses 
were open to the board: First, to provide transportation for the children in 
this subdistrict as was done last year, or, second, rent a room and establish 
a school in the subdistrict. The board chose the second alternative. But it is 
charged that the building selected is remote from many homes in which school 
children reside, and that the surroundings are so objectionable as to make 
it undesirable for school uses. In our opinion the evidence fully sustains these 
charges. 

The county superintendent in her opinion raises the question as to the 
legal right of the board to transport the pupils in this particular case, since 
it is evident that it will cost the township more to transport the pupils of suD- 
district No. 7 and provide them school privileges in other districts than it 
will to maintain a school in the Vanderpool building. The law requires the 
board to furnish equal school privileges as nearly as may be for all the 
children of the school township. No subdistrict may be discriminated against. 
If it were possible to secure a building near the center of the subdistrict 
and one that would provide for the convenience and comfort of the children, 
it would clearly be the duty of the board to hire such building and maintain 
a school, rather than transport the children, unless it could be shown that 
by transporting the children there would be a saving of expense and they 
would also secure increased advantages. But in the case before us there is no 
building suitably located in the subdistrict that can be secured for school 
purposes. The fact that the board has hired a small building ten feet from 
a barn-yard and at one side of the subdistrict can not be offered now as the 
only course open since the expense is less than if provision had been made 
for transporting the children to other schools. Under such circumstances it 
is not only the legal right but the clear duty of the board to furnish trans- 
portation. Counsel for defendant rightly contends that the board is power- 
less to permanently settle this difficulty until funds are voted with which to 
build a schoolhouse in subdistrict No. 7. But until such funds are provided 
the board under the law must provide the children school advantages, and 
since no suitable building can be hired in the subdistrict transportation must 
be provided. 

It is clear from the evidence and from the pleadings of counsel that the 
failure to vote a tax to rebuild the schoolhouse in subdistrict No. 7 is not 
due to cupidity on the part of tax-payers or to their lack of appreciation of 
or interest in the educational needs of the children. 

The difficulty arises over a custom that seems to have prevailed in the 
township for the past forty-five years by which each subdistrict has voted 
the necessary funds for building its own schoolhouse when needed. 

In our opinion the law gives no warrant for such usage, but on the other 



106 SCHOOL LAWS OF IOWA 

hand clearly makes it the duty of the voters of the school township to vote 
necessary taxes for the purchase of grounds and the erection of schoolhouses. 

Section 274 of the Code can admit of no other interpretation. Neither is 
there the slightest conflict between this section and section 2753 which pro- 
vides that the voters of the subdistrict "may vote to raise a greater amount 
of schoolhouse tax than tliat voted by the voters of the school township." It 
was the evident intent of the legislature to afford the people in the subdistrict 
the opportunity of securing a better schoolhouse than the ordinary by voting 
an additional tax on the subdistrict; but it was not the intent to relieve the 
township of its duty to vote a sufficient sum to purchase a site and erect a 
building that would fairly meet the needs of the subdistrict. 

Until the electors of the township vote the required tax the law clearly 
contemplates, it is the duty of the board to do all within its power to provide 
for the children resident in subdistrict No. 7 school privileges equal to those 
offered the other children of the school township. It is our opinion that in 
attempting to provide for such children in the Vanderpool building the board 
committed an error. It is therefore directed that on and after January 1, 
1910, the board of directors of the school township of Richland provide school 
privileges in other schools for the children resident in subdistrict No. 7 of 
said township and that transportation be provided for all such children who 
reside more than one and one-half miles from the schoolhouse where they 
are directed by the board to attend. 

Reversed. 
JOHN F. RIGGS, 
Superintendent of Puilic Instruction. 

Des Moines, Iowa, December 15, 1909. 



W. M. Waskow v. Irdependent District No. 8, Center Township. 

Appeal from Fayette County. 

Appeal. The action of the board in fixing the schoolhouse site should not be 
interfered with on appeal, except upon evidence that the board exercised its 
power improperly. School boards should not act with undue haste in making 
contracts when appeal is pending. Work done with undue haste to prevent 
relocation of school site will not prevent relocation if evidence justifies a 
change. 

Location of School Site. Tlae convenience of all residents concerned should 
be subserved in choosing a site. 

On the fifth day of September, 1910, the board ordered that a new school- 
house be erected "six feet east of the old one," which would be on the present 
schoolhouse site. On the sixth day of September, 1910, an appeal was taken 
from the action of the board by W. M. Waskow to the county superintendent, 
alleging that the proper place for said schoolhouse is eighty (SO) rods west 
of the present school site, -wliich would be approximately in the center of the 
district and that no children would be required to travel more than two (2) 
miles to reach the schoolhouse if so located, while rebuilding on the old 
site would be injurious to said affiant in that it would compel children where 
he resides to travel a distance of two and one-fourth (2i4) miles to school. 

On trial, the county superintendent reversed the action of the board, and 



SCHOOL LAWS OF IOWA 107 

ordered a suitable site procured eighty (SO) rods west of the present site at 
or near the junction of the north and south road with the road running east 
and west. 

From his decision D. N. Austin and John Hack, two members of the 
board, appeal, claiming that the county superintendent of schools erred in 
reversing the decision of the board and in ordering that said schoolhouse site 
be changed, and abused discretion in so reversing the decision of said board 
of directors for the reason that the location of said school site, as made by 
said board of directors, is proper and for the best school interests of said 
district. 

From the findings of the county superintendent, as expressed in his de- 
cision, it appears that some of the patrons living east of the present site are 
constrained through fairness to those living west of the site to testify that 
they would prefer that the new schoolhouse should be located eighty (80) rods 
west of the present site; that a part of the membership of the board was 
actuated by selfish motives to retain the old site, that a preponderance of the 
evidence shows that a better site can be obtained eighty (80) rods west of 
the present site. 

The question to be decided is, did the county superintendent err or overstep 
his authority in reversing the decision of the board and by ordering a change 
of site upon which to build a new schoolhouse, as directed in his decision? 

Reference to the testimony in the case and to a map furnished with the 
transcript showing the location of houses occupied by residents of the district 
establishes the fact that by locating the new schoolhouse as ordered by the 
county superintendent no children would be required to travel over one and 
three-fourths (1%.) miles to school, except from the residence of the affiant 
in the case before the county superintendent, who would still have nearly 
two (2) miles to travel to school. 

The action of the board in fixing the schoolhouse site should not be interfered 
with on appeal, except upon evidence that the board exercised its power im- 
properly. In fixing the school site, the geographical position and the con- 
venience of the people of each portion of the district should be considered. 
The discretionary power vested in the board does not preclude the authority 
of the appellate tribunal to decide the question upon its merits as the evidence 
favors, otherwise an appeal would be a useless provision of the law. It is 
even held that "the county superintendent is not limited to a reversal or 
affirmance of the action of the board, but he may determine the same questions 
which it had determined." (Opinion of attorney general published in the 
Iowa School Journal, April, 1866.) See John Clark, v. District Township of 
Wayne, School Law Decision, 1876, page 47, J. J. Wilson et al. v. District 
Township of Center of Monroe, and /. 8. Folsom et al. v. District Township of 
Cdnter, School Law Decisions, 1907, pages 27 and 41. See also 110 Iowa, 652. 

In the case in question, the old schoolhouse is considered unfit for school 
purposes, a tax has been levied for a new building and the board has pro- 
ceeded, as hereinbefore stated. The time seems opportune to consider care- 
fully the convenience and rights of all families in the district and in deciding 
upon a location for a new schoolhouse, every dwelling house in the district 
should be taken into account. See case of J. S. Folsom et al. v. District Town- 
ship of Center, School Law Decision, 1907, page 41. 

It should be noted that a meeting of the residents of the district was 



108 SOHOOL LAWS OP IOWA 

called by the president for the purpose of gaining the views of said residents 
as to the proper location for the new schoolhouse. All members of the board 
were present at this meeting. The testimony found in the transcript dis- 
closes the fact that the meeting was well attended and that a majority of 
those who spoke favored the site at the center of the district. The individual 
testimony at the trial also discloses the same condition, but more pronounced 
in favor of the proposed new site at the center of the district. The testimony 
also shows that the board, which consists of three members, did not decide 
unanimously in favor of the old site. It appears in the testimony that there 
are some grounds for the accusation that the board was actuated by some 
selfish motive in coming to the conclusion, and there was an abuse of dis- 
cretionary power in this respect. It appears in the answer to the affidavit of 
appeal filed with the county superintendent that between the date of fixing the 
schoolhouse site, September 5, 1910, and the date of said appeal, September 6, 
1910, the contractor had already "entered upon a fulfilling of his contract and 
had laid the foundation and erected a part of the frame work of said school 
building prior to the time the notice of appeal was served." It is argued that 
a change in said site at this time might involve said school district in litiga- 
tion with the contractor. It is obvious that special haste must have been exer- 
cised in the fulfillment of the contract. 

In the case of Atkinson et al. v. Hutchinson et at., 168 Iowa, page 161, the 
court has said: "When an order for a change of site is made, and it is not 
known that all persons affected are satisfied with the order, it appears to us 
that prudence would dictate that the execution of the order should be post- 
poned until an opportunity has been afforded for a review of the same, if any 
desired to appeal." It would seem that a similar rule might apply in this case 
with regard to the erection of a new schoolhouse practically upon the old site. 
The board knew that there was dissatisfaction with this site and that an appeal 
might probably be made from its action in choosing the old site for the new 
building. The evidence shows that one of the directors had himself told ap- 
pellee, prior to said action, that he might appeal therefrom. Under these cir- 
cumstances, it would seem that the board might prudently have postponed the 
erection of the new building until an opportunity has been afforded for a 
review of their action, if any desired to appeal. We think, therefore, that the 
point attempted to be made by the board, to the effect that work already done 
by the contractor might involve them in litigation, is not well taken. If true, 
it is the fault of appellants and not of appellee, and the latter should not be 
made to suffer therefor. 

From the evidence submitted in the case it appears that the convenience of 
all residents concerned can be better subserved by choosing a site for the new 
schoolhouse as directed in the decision of the county superintendent; that a 
majority of the residents favor such a location; that the patrons having the 
greatest number of children including one patron living on the east side of the 
district having the greatest number of children of school age of any one in the 
district favor the new site and that a preponderance of the evidence favors the 
central location as the more desirable site. 

The decision of the county superintendent is Affirmed. 

A. M. DEYOB, 
Superintendent of Public Instruction. 

Des Moines, Iowa, March 4, 1911. 



SCHOOL LAWS OF IOWA 109 



WlLTIAM ErICKSON AND C. G. YOUNGGREN V. INDEPENDENT SCHOOL OF COBUBG. 

Appeal from Montgomery County. 

Minority. Even a small minority of the patrons of the school have rights that 
can not be ignored. School boards in locating schoolhouse sites, should equalize 
the distance to be traveled by children as nearly as possible. 

Tkansportation. Transportation of pupils in a small district is not feasible. 
The funds could be used to better advantage to pay better teachers and securing 
better equipment. 

Rights of All. The rights of all must be considered rather than the con- 
venience of even a majority in selecting a school site. 

The history of this case and the conditions existing in the Independent School 
District of Coburg are very similar to those recounted in former decisions by 
the Department of Public Instruction. 

The boundaries of the incorporated town of Coburg coincide with the bound- 
aries of the Independent District of Coburg. The area embraced in the Inde- 
pendent District of Coburg consists of four sections of land as usually arranged, 
together with the adjacent forties on the north; the district being two miles 
from east to west and two and one-fourth miles from north to south. The 
platted town of Coburg is located about midway between the north and south 
boundary lines and to the extreme western side of the district. The present 
school house site is located about forty rods south of the center of the district 
at the center of the four sections which enter into the formation of the district. 

The transcript in the case shows that a special election was held, as provided 
by law, in the Independent School District of Coburg, at which the following 
questions were submitted to the voters: "Shall the Coburg Independent District 
issue bonds in the sum of $1,500.00 for the purpose of purchasing site and con- 
struction of schoolhouse?" The proposition carried by a majority of two votes. 

A special meeting of the school board followed when the board entered into 
negotiations for the disposal of the bonds and steps were taken toward se- 
curing plans for a new schoolhouse, to submit to the county superintendent 
for approval. 

At the regular meeting of the board on the first day of July, the plans and 
specifications approved by the county superintendent were accepted, and the 
president of the board was authorized to purchase certain lots within the town 
plat of Coburg. The site selected is 212 rods west and 45 rods north of the old 
schoolhouse site, a distance of but a trifle over one-third of a mile from the 
west boundary line of the district. 

From the order of the board directing the purchase of the lots selected for a 
new schoolhouse site, William Erickson and C. C. Younggren, farmers residing 
in the eastern part of the district, filed an affidavit of appeal with the county 
superintendent of Montgomery county, in which it is alleged that said board 
committed error in not taking into consideration the geographical position, 
number and convenience of the pupils residing in the district, and that the 
proposed site is so situated as to practically deprive the children living in the 
southeast and northeast parts of the district of the privilege of attendance at 



110 SCHOOL LAWS OF IOWA 

school. The board evidently had not contemplated making provision for their 
attendance at any other school. 

The county superintendent is of the opinion that the board erred in its selec- 
tion of the new site and therefore reversed the action of the board. From 
this decision, the board appeals to the Superintendent of Public Instruction. 

The board charges in its declaration of grievances that the county superin- 
tendent in making her decision, "went contrary to the numerical and geographi- 
cal location of the majority of the children of school age living in the district 
and further that the evidence does not show that said board had planned to 
have the few children living in the extreme part of the district conveyed at 
public expense." 

The evidence in the case shows that three of the five directors live in the 
town proper of Coburg. 

The question to be determined is, did the county superintendent commit error 
in reversing the action of the board in selecting the site for the new school- 
house so far removed from the geographical center of the district, notwith- 
standing the fact that about half of the persons of school age reside within the 
comparatively small area forming the town plat of Coburg, and further that a 
majority of the families live nearer the proposed site than the old one? 

A school located within the borders of any town is a convenience to be ap- 
preciated, and a school building of modern architectural design may well be 
the pride of any community. However, the claim set forth by counsel for ap- 
pellee is correct, "that even a small minority of the patrons of the school have 
rights that can not be ignored." It is the intent of the law, that school boards 
in locating sehoolhouse sites, equalize the distance to be traveled by children to 
school as nearly as possible. We think it is clearly implied in Section 2803 that 
no child shall be required to travel an unreasonable distance in order to secure 
school privileges. 

Section 2774 of the school laws provides that "when there will be a saving of 
expense, and children will also thereby secure increased advantages, the board 

may arrange for the transportation of any 

child to and from school in the same or another corporation." 

The evidence in the case established the fact that none of the residents of 
the district live more than two miles from the old site, while the proposed site 
would place as many as four families each having several children attending 
school, from 2^2 to 2% miles from school, which is considered too great a dis- 
tance for children to travel to school, and would virtually deprive them of school 
privileges unless some means of transportation is provided for them. It is ob- 
vious from the testimony in the case that the board had not considered the mat- 
ter of providing transportation for these children at the expense of the district. 
In so small a district, we very much doubt the advisability of selecting a site 
for a sehoolhouse that would necessitate incurring the expense of providing 
proper transportation of children, when it is possible to locate a sehoolhouse in 
the district where no one will be placed at an unreasonable distance from school. 
The use of school funds might be used to better advantage in salaries for the 
best teachers to be had and in securing the best possible equipment for the 
school. If the Independent District of Coburg included the four sections of 
land west of the present district, it could afford some expense for transportation 
of pupils and the location of the school would very properly be in the proximity 
of the town of Coburg. 



SCHOOL LAWS OF IOWA 111 

The intent of the board to build up a graded school and provide for two de- 
partments is commendable. With a school population of about sixty persons it 
appears that the average daily attendance ought to exceed eighteen. Undoubtedly 
there are those among the older boys and girls who could profitably be in school, 
and possibly would be in school during the winter months at least if special 
school advantages were afforded in the district. Unquestionably as good a 
school can be provided where the old schoolhouse stands, or at any other place 
within the district, as at the proposed location. Even though the children in 
the town may be compelled to travel about % of a mile to school, such distance 
would not be an unusual distance for children to travel to school in towns and 
cities. 

The fact that nine-tenths of the school taxes are paid by residents outside the 
town plat of Coburg is not entitled to consideration in determining the loca- 
tion for the schoolhouse site. The child of the poorest parentage is as much en- 
titled to free public school advantages as is the child of the extensive property 
holder who may be a heavy tax payer. 

We agree with the county superintendent in the interpretation of the law 
when she states in her decision "that the rights of all must be considered rather 
than the convenience of even a majority and that the board erred in its selection 
of the proposed site." The case of J. 0. Severeid and John Stenberg v. Inde- 
pendent District of Fieldherg, School Law Decisions, 1907, page 62, corroborates 
this view. 

The decision of the county superintendent is Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, November 25, 1911. 



F. C. Paine v. The School Township of Amsterdam. 

Appeal from Hancock County. 

Re-opening of Closed Schools. The matter of re-opening a school is purely a 
discretionary power of the board, and like all discretionary acts of the board, is 
subject to appeal to a higher tribunal. The number of children who live in a 
district is not necessarily a determining factor in re-opening a school. 

Powers of Board. Subdistricts do not exist as school corporations but merely 
subdivisions of the township unit and do not determine where children shall 
attend school. The board may determine what school in the corporation chil- 
dren shall attend without regard to subdistrict boundaries. 

This appeal relates to the re-opening of a school ordered closed by the board 
as provided in Section 2773 of the School Laws. The school in question is lo- 
cated in subdistrict No. 5, Amsterdam Township, Hancock county. 

At the last regular meeting (July, 1911J of the school board, F. C. Paine, the 
director for subdistrict No. 5, sought to have the school re-opened and have a 
teacher regularly employed as is done for the other schools in the school 
township. The board refused to open the school and hire a teacher, but directed 
that the children in each family residing in the subdistrict be assigned to the 
nearest school, with the privilege granted, if any families preferred to do so, 
of sending their children to schools of their choice in the township, including 
the graded school in the Independent District of Kanawha. 



112 SCHOOL LAWS OF IOWA 

The school building in the Independent District of Kanawha is located about 
one mile south from the school house in subdistrict No. 5. 

The board also ordered that the tuition and all necessary expenses for text- 
books and supplies for any children who might select the Kanawha school should 
be paid by the school township. The school township of Amsterdam furnishes 
free text-books and supplies for the schools of the district, consequently no dis- 
crimination of expense for text-books and supplies was allowed to stand against 
those who might choose to attend the Kanawha school. 

F. C. Paine appealed to the county superintendent who sustained the board. 
Affiant then appealed to the Superintendent of Public Instruction. 

The essence of the grievances set forth in the affidavit of appeal is "that the 
county superintendent erred in affirming the action of the board" for the reason 
that the evidence substantiates the cause of appeal from the decision of the 
board, viz., "the school board entirely ignored and failed to take into considera- 
tion the geographical location and the number and convenience of the pupils of 
school age in subdistrict No. 5; that all of the schools to which the pupils of 
said subdistrict No. 5 were directed to be sent are more inaccessible and at a 
greater distance from the respective homes of said pupils than the schoolhouse 
in subdistrict No. 5." 

The gist of the argument of appellant's counsel is founded on the following 
phrases in Section 2773 of the Code of 1897; "taking into consideration the geo- 
graphical position, number and convenience of pupils," which relate to the 
power of school boards in fixing schoolhouse sites. The citations to decisions 
of the supreme court relate to the same matter. When locating schoolhouse 
sites, the geographical position and convenience of pupils should be carefully 
considered in order that no child may be compelled to travel an unreasonable 
distance to school. Would the language of the law quoted apply with equal 
force to the power of boards in closing schools under Section 2773? We do not 
think so. The construction of the language of this section does not so indicate. 
The phrases quoted relate to fixing schoolhouse sites and not to closing of 
schools. The board possesses entire jurisdiction in the matter of fixing school- 
house sites within the limitation of the law, but school boards cannot shorten 
the number of months of school to less than the required number of six months 
each year, except when authorized to do so by the county superintendent. How- 
ever, the matter of re-opening a school is purely a discretionary power of the 
board, and like all discretionary acts of the board, is subject to appeal to a 
higher tribunal. It has ever been held by this department that discretionary 
action of school boards should be affirmed on appeal, unless by the evidence 
it is clearly proven that the board violated the law or abused its discretion. 

The evidence in the case shows that four families having ten children to send 
to school reside in subdistrict No. 5; that two of these families have no farther 
to travel to school by attendance in subdistricts Nos. 4 and 6 than to the school- 
house in No. 5; that there are public roads leading directly to these schools from 
both homes over which other children are compelled to go back and forth to 
school. The claim is made that the road to No. 6 over which affiant's children 
would be required to traverse is nearly impassable, yet small children from 
another family living across the road from affiant must travel this road to 
school. The teacher for No. 6, whether from choice or necessity, has boarded 
most of the time of late years with this family and must walk to school over 
this same alleged impassable road. The argument is advanced that because 



SCHOOL LAWS OF IOWA 113 

the sclioolhouse in No. 5 is in the direction of town from all residents having 
children to send to school, who live in subdistrict No. 5, the failure of the board 
to take this condition into consideration is evidence that said board has abused 
its discretion. There w^ill probably be very few occasions when it will be con- 
venient to drive to town and then return home just at hours when children 
should go to school in the morning and return home after the close of school. 
If there is any force in this argument, then there should be a general re- 
arrangement of subdistrict boundaries in order that all children may travel In 
the direction of town when going to school. 

Two families are situated at a greater distance from school by reason of the 
closing of the school in subdistrict No. 5. The plat submitted with the tran- 
script shows these families reside — one a little over a half mile east and the 
other family about one-half mile north from the schoolhouse in district No. 5 
and that both families reside about one and one-half miles to the next nearest 
schools in the district township and about one and one-half miles from the 
school in Kanawha. Wherever the element of distance is mentioned in the 
school laws, one and one-half miles is not considered an unreasonable distance to 
school. See Section 2803 of the Code 1897. Of course there might be unusual 
conditions, such as unbridged streams or impassable highways. There might be 
a wise saving of school funds by the closing of all schools when by so doing no 
child would be located more than one and one-half miles from school. The evi- 
dence shows that the children in this subdistrict were given permission to at- 
tend the school in the Independent District of Kanawha which would permit 
these children to travel to the town school, if there is any virtue in the argu- 
ment "of opening a school so that children may travel in the direction toward 
town when going to school." 

We can hardly conceive of a condition more favorable where it would be 
possible to apply the provision of Section 2773 concerning the lessening of the 
number of months of school each year. There is one family, that of Mr. Wil- 
liamson, which does appeal to our sympathy. There are three little girls in the 
family, the youngest of whom is a little past five years of age and the oldest is 
nine years of age. This family resides east a little over one-half mile from the 
schoolhouse, and nearly one and one-half miles to No. 6 and about one and one- 
half miles to Kanawha, and yet these children need travel but one-half of a 
mile before joining other children and the teacher who, as before stated, boards 
usually in the direction of this home from No. 6. Undoubtedly there may be 
days in winter when children should be transported to school. We are not 
ready to say that the board has abused its discretionary power. "The action of 
the board may not be wholly approved by the judgment of the county superin- 
tendent, but if it be not illegal or clearly unjust, it should be sustained." 
Edioards et al. v. District Township of West Point. School Law Decisions. 

We are impressed with the force of the claim made by counsel for appellant 
in his ably prepared argument, that until schools in the rural districts are con- 
solidated and pupils transported at public expense, each subdistrict has an ab- 
solute right to fair treatment in the distribution of the district funds and in 
the maintenance of equal school privileges. However, that subdistrict is for- 
tunate indeed where none of its patrons are located at a greater distance from 
school than one and one-half miles. Simply because there is a schoolhouse in 
a subdistrict, does not give any resident a vested right to demand a school. 



114 SCHOOL LAWS OF IOWA 

It is clearly within the jurisdiction of the board to designate which school each 
child shall attend as long as there is no manifest abuse of discretion. We can 
not believe that there is abuse of authority by closing a school and directing 
that children shall attend another school when the greatest distance children 
will be required to travel does not exceed one and one-half miles. 

A recent decision of the supreme court in upholding the opinion of the de- 
partment in the case of 'W. C. Afnold, et al., v. The School Township of Rich- 
land, Wapello county^ in requiring the board to provide transportation for those 
children, only, who live more than one and one-half miles from other schools, 
and where the board had failed to take action to replace the building that had 
burned in one of the subdistricts, would support the opinion that one and one- 
half miles should not be considered an unreasonable distance for children to 
walk to school. 

The subdistrict does not exist as a school corporation, but merely as a sub- 
division of the township unit of organization, and is not formed necessarily to 
determine where children shall attend school, but the board may determine 
what school in the district the children shall attend, without regard to sub- 
district boundaries. 

The decision of the county superintendent is Affirmed. 

A. M. DEYOE, 

February 1, 1912. Superintendent of Public Instruction. 



J. H. Beck and S. 0. Andreavs v. School Township of Jefferson. 

Appeal from Polk County. 

High School. A township high school may not be maintained in a one-room 
country school where grade subjects are taught. 

Location of Township High School. The location of a township high school 

is a little different from locating the site of a grade school. 

Distance. Distance is not so important because the children usually drive. 

The above entitled cause originated in the action of the school board in 
changing the township high school from what is known as the Lincoln school 
in Jefferson township to the Herrold schoolhouse. For about two years, a 
township high school had been conducted in the Lincoln iDuilding, where there 
are two rooms separated by a rolling partition. The high school occupied one 
of these rooms. At the regular July, 1912, meeting of the board, action was 
taken by a vote of 6 to 3 "to try the high school at the Herrold schoolhouse 
for the ensuing year." The Herrold schoolhouse is an ordinary one-room rural 
school building. Two teachers are employed, one of whom has charge of the 
grades below the high school and the other teacher has charge of the high 
school. Both teachers are conducting work in the same room. The high 
school occupies one side of the room and the grades the other. There is no 
suitable classroom connected with the building. The attendance in both de- 
partments is small. The evidence shows that both teachers are doing good 
work considering the circumstances. 

Jefferson township is very irregular in shape, and it is more difficult to 
select a central location for the high school than in the usual form of the con- 
gressional township. Taking into consideration those to be accommodated in 
the township high school, location of highways, the location of a cream station 



SCHOOL LAWS OF IOWA 115 

near Herrold school on an interurban railway passing through the township, 
where farmers deliver cream, we are of the opinion that so far as mere loca- 
tion is concerned the board made no mistake in choosing Herrold in preference 
to Lincoln. 

If the pupils in the township who want high school privileges and have been 
accustomed to attending the township high school at Lincoln were now attend- 
ing Herrold, the attendance would be about the same as it was at the Lincoln 
school during the two years the high school was conducted at that place. But 
for some reason there are pupils in the vicinity of the Lincoln schoolhouse 
attending high school in an adjoining district and traveling farther to attend 
that school than would be necessary in order to attend their own high school 
at the Herrold schoolhouse. We are not questioning the motives of these 
families, but the fact should appear in this opinion, in order to show that if 
all pupils were now attending the high school at the Herrold location there 
would probably be about the same attendance at Herrold as formerly at the 
Lincoln school. The evidence shows that at least two pupils would have 
farther to go to Lincoln were the high school maintained there than any 
pupils would have to travel to the Herrold school. However, the matter of 
locating a site for the rural school for the grades below the high school is a 
little different from locating a site for a township high school. The usual 
size of the rural school district is four sections, with the express provision 
that the schoolhouse be located as near the geographical center as possible in 
order that it may be possible for all the children to walk to and from school. 
In order that no one may be discriminated against and be required to walk an 
unreasonable distance to school, the rights of a minority are as carefully 
guarded as the rights of a majority of children attending school. 

In the matter of the location of a high school, it Is somewhat different; for 
it is quite possible that a majority of the children will have to be transported 
to school, and there would be some reason to adjust the distance to school on 
a little different basis. Justice would not be violated by requiring one child 
to drive a little farther, provided several other children would be convenienced 
thereby. 

The evidence shows that there are two or three barns within a few rods of 
the Lincoln school, and that there is no barn nearer than a quarter of a mile 
to the Herrold school. Undoubtedly shed room for teams should be provided 
near the school. This could be provided for either in private barns or better 
in sheds put up by the district on the school grounds. To be compelled to 
drive a quarter of a mile beyond the school to put up a horse and then walk 
back, is a factor of importance. 

However, taking into consideration the center of population in the township 
as well as the geographical center, highways, accessibility from all parts of 
the township, we believe the board exhibited no abuse of discretionary power 
in selecting the Herrold site, as far as conditions just mentioned affect the 
selection of the proper location for a township high school. 

There is another matter, however, that is determinative in this case. The 
rural high school is an institution of recent origin in Iowa. The tendency to 
establish rural high schools in the state is growing. The decision in this case 
is important in defining conditions that may seriously affect the future organi- 
zation of rural high schools in the state. To establish the principle that a 
high school may be maintained in a one-room country school, by simply em- 



116 SCHOOL LAWS OP IOWA 

ploying an additional teacher and conducting the high school in a room where 
another teacher is employed teaching the grades, would be unwise. In the 
matter of establishing a high school, the Department has advised that a sep- 
arate room should be used for high school purposes. In harmony with this 
view, see Note 6, under Section 2776, in which graded and higher schools are 
defined. This note has appeared in several editions of the school laws. 

Two separate schools with two teachers employed and conducting classes 
simultaneously in the same room, could not promote the best conditions for 
successful work. The opinions of experienced teachers given as witnesses for 
appellants and appellees reach the following conclusion: In order to secure 
the best work possible, it is reasonable to lay down this rule, that a separate 
room or rooms should be provided for the high school department depending 
upon the number of teachers employed in the high school department. A sep- 
arate room exists at Lincoln building where a high school was maintained 
for two years, and we are of the opinion that the board of Jefferson township 
did err in changing the high school to the Herrold schoolhouse before a separate 
room was provided for the high school department. It is, therefore, ordered 
that the high school be transferred to the Lincoln schoolhouse until a suitable, 
separate room or building is provided in some other convenient place in the 
township, preferably near the Herrold schoolhouse. 

We dislike to overrule the county superintendent or to interfere with the 
action of the board, but we believe the condition at the Herrold schoolhouse 
warrants a reversal, therefore, the decision of the county superintendent is 

Reversed. 
A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, December 28, 1912. 



O. L. Cox, et al. v. Tiie Independent School District of Pabius No. 2. 

Appeal from, Davis County. 

Government Survey. The government survey will be accepted and a section 
even though it be short in acreage will meet the requirements of the law. 

Formation of New Rural Independent Districts. It was not the intention of 
the legislature to invest school boards with power to form new independent 
districts without a vote of the electors. 

The independent rural districts of Burr Oak and Pabius No. 2 are adjoining 
districts and each comprises about eight sections of land located in the southern 
part of Grove township, Davis county. Appellants sought to have about four 
sections, according to government survey, of contiguous territory consisting of 
equal portions of the above named rural independent districts detached from 
each for the purpose of forming a new rural independent district, said new 
district to be named The Rural Independent District of McDowell. Appellants 
proceeded to have this done by concurrent action of the school boards of Burr 
Oak and Pabius No. 2, basing their authority for this plan of procedure upon 
Section 2798 of the School Laws of Iowa. 

Accordingly a petition was properly prepared and signed by several patrons 
living in the central and southern parts of the proposed new district. This 



SCHOOL LAWS OF IOWA 117 

petition was first presented to the Burr Oak Independent District. The board 
of Burr Oak decided in favor of granting the request of the petitioners by a 
vote of 2 for and 1 against. The board of Fabius No. 2 was tlien asked to 
concur in the action of the board of Burr Oak. The board of Fabius No. 2 
rejected the prayer of the petitioners by a unanimous vote. From the action 
of the board of Fabius No. 2, the appellants appealed to the county superin- 
tendent. The county superintendent sustained the board. Appellants appealed 
to the Superintendent of Public Instruction. 

A few of the facts and reasons why appellants are asking for the formation 
of a new independent district are as follows: That the distances to school are 
unreasonable, that the roads are bad, never having been properly graded and 
that unbridged streams interfere with the children's ability to travel to school. 

The districts of Burr Oak and Fabius No. 2 or Beulah have been in existence 
in their present form for many years. From all that can be learned from the 
testimony in the case, there are good grounds for the contention of appellants. 
It is unreasonable to expect small children to walk from 3 to 3% miles to 
school over roads not properly worked as some of them are compelled to do. 
Why such a condition concerning roads has been allowed to continue for so 
many years is difficult to understand. We cannot help but feel that there has 
been a too manifest disposition on the part of these districts to neglect the 
matter of establishing proper school roads and to provide adequate school 
privileges to all children in the district. We are inclined to the opinion that 
the spirit of rigid economy in the maintenance of their schools has been prac- 
ticed without proper effort to furnish school privileges to the children of the 
district. Why did these districts wait until patrons were driven to appeal for 
relief, before taking steps for proper roads and allow transportation for pupils? 
Although some testimony was produced to show that some effort is now being 
made to open up roads to school and provide transportation since the trial 
before the county superintendent, which of course was taken too late to receive 
consideration on appeal to the Superintendent of Public Instruction. 

The county superintendent sustained the board on the following grounds: 
1. The territory proposed to be included does not consist of four full sections 
of land. 2. That the tendency is toward consolidation and not division in 
order to establish better school facilities, suggesting that transportation be pro- 
vided appellants as a better solution of the problem. 3. That two of the 
schools, the Burr Oak and the school in the new district, would be very small 
and therefore inefficient schools. 4. That, although the new districts be 
formed, there would still be a few residents in both of the old districts with 
little better facilities than those affecting the appellants. It is also noted in 
the testimony that there are residents living in the north part of the proposed 
district who are opposed to its formation on the grounds that they would be 
farther from school in the new district than they now are from the schools 
they attend. 

The decision of the county superintendent is well taken except as to the first 
reason. While some of the government sections do not contain 640 acres, yet 
they are all sections according to government survey, and we believe meet the 
requirements of the law in this respect. Had roads been provided and had the 
districts offered transportation before this action was taken, we should con- 
sider that these appellants had no cause for grievance. But under the present 
condition of the law, whereby the provisions for opening roads depends upon 



118 SCHOOL LAWS OF IOWA 

a vote of the people and where transportation is optional with the boards, what 
assurance have the appellants that these matters will be improved? Both of 
these improvements are essential. 

Let us now consider the legality of the procedure of appellants. The ques- 
tion involved is a difficult one. We have given the matter long and earnest 
consideration. As before stated, the action was taken under Section 2798 of 
the School Laws. Does this Section mean that new rural independent districts 
may be formed by concurrent action of school boards? It nowhere says so. 
The law simply states that "independent districts may subdivide for the pur- 
pose of forming two or more independent districts or have territory detached 
to be annexed with other territory in the formation of an independent district 
or districts — such new districts to contain not less than four government sec- 
tions of land each, etc." The law is silent as to the plan of procedure, unless 
it be defined in the latter part of the section which says, "and the proceedings 
for such subdivision shall in all respects be like those provided in the section 
relating to organizing cities and towns into independent districts, so far as 
applicable." We must admit that the law is not clear. However, we cannot 
believe it was ever intended that school boards should be empowered to form 
entirely new independent districts by concurrent action, in other words, create 
new school corporations. Section 2794, which relates to the formation of in- 
dependent village, town, and city districts, requires a vote of the electors re- 
siding within the proposed new district. Section 2792 provides that before a 
township district consisting of subdistricts can be changed into independent 
organizations, that the proposition must carry by a majority vote of the electors 
in each of the subdistricts. In the formation of the proposed Independent 
District of McDowell, there are residents living in the north part especially 
who are opposed to its formation because they would be placed at a consider- 
ably greater distance from school than they now are from Burr Oak and Fabius 
No. 2. Should these people be deprived of their privileges without having any 
voice in the matter? It is also true that outside of certain families seeking to 
be set off, the people in the remaining portions of Burr Oak and Fabius No. 2 
are opposed to the division of the territory. They are not in favor of the 
formation of more schools and consequently smaller schools; but some of them 
favor providing reasonable transportation for those living at an unreasonable 
distance from school. 

Again, as to the method of procedure in the subdivision of rural independent 
districts for the purpose of forming new independent districts, counsel for 
appellee makes the following statement: "We must admit that the meaning 
of this Section 2798, is not clear to us, but as we understand it from its origin 
up to the present time, we believe it means that no independent district can 
be established out of territory comprising two separate, independent districts, 
without first a majority of the votes of both districts affected by such change 
are cast in favor of such change." 

Section 2798, in addition to the provisions already quoted, mentions two 
exceptions which permit the formation of independent districts with less than 
four sections of land — one where the proposed district includes a village or 
town, and the other where a natural obstruction exists, such as an unbridged 
stream. The counsel for the appellants claim that the appellants' action is 
duly authorized by law, and base their contention on the decision of the su- 
preme court in the case of School District No. 10 v. The Independent District 



SCHOOL LAWS OP IOWA 119 

of Kelley, from which they quote the following language: "Counsel for plaintiff 
contends that it is impossible for an independent district to exist consisting 
of less than four sections of land save under the contingencies specified in 
Code Section 2798, which relates, however, to subdivision of an existing In- 
dependent district by concurrent action of the hoard of directors of the two 
districts." 

We are of the opinion, however, that the court in quoting the contention of 
the plaintiff's counsel in the case cited did not intend to rule on the manner 
of procedure, under Section 2798, since this point was not an issue in the case 
at bar. 

In the Kelley case, the formation of a town or village district is involved, 
and Section 2794 provides how it may be done. Section 2798 also provides a 
method of how town and village districts may be formed which is not in accord 
with Section 2794 in all respects, but a vote of the electors is required in 
either case. The question of mode of procedure was not involved in the Kelley 
case; consequently we do not understand that the court placed any interpreta- 
tion upon this matter as involved in Section 2798. 

The determination of the plan of procedure in the case of formation of new 
school corporations is far reaching, and we therefore submitted the following 
question to the attorney general: "May school boards of two rural independent 
districts by concurrent action set off contiguous territory for the purpose of 
forming a new rural independent district under the provisions of Section 2798 
of the Code without a vote of the people?" We simply quote the concluding 
paragraph of the opinion prepared by counsel in the office of attorney general: 
"One thing is certain, that this section is so uncertain in its meaning that it 
should be rewritten and the intended meaning more clearly expressed, and until 
this is done a board or officer whose duty it is to construe this section might 
well be justified in construing the same either way as in his own judgment 
he might think proper." 

As stated before, we do not believe it was the intention of the legislature 
to invest school boards with power to form new independent districts without 
a vote of the electors. Until such time as the legislature shall provide other- 
wise, we shall hold that the plan of organization as applied to rural independent 
districts, under Section 2798, shall be like that provided for the organization 
of town and city districts and can be accomplished only by a vote of the electors; 
and that the plan of procedure in this case was not in accordance with the law. 

With this conclusion, there is nothing to do but dismiss the case, as should 
have been the action of the county superintendent. 

Dismissed. 
A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, December 31, 1912. 



A. L. Beab v. Independent School District No. 3, Johns Township. 

Appeal from Appanoose County. 

School Site. School boards have power to choose a new schoolhouse site after 
bonds have been voted even though the district owns an old site, provided 
the bond issue was not voted to expend the money on the old location, 
22 



120 SCHOOL LAWS OF IOWA 

The Independent School District No. 3, Johns Township, Appanoose county, 
consists of six sections of land. A railroad crosses the southeastern part of 
the district. The village of Piano is located in the southeastern part of the 
district on the railroad, the plat of which extends within one-half mile of 
the eastern boundary of the district and within a few rods of the southern 
boundary. The original village plat was made about thirty years ago and was 
located entirely south of the railroad tracks. 

A portion of land was later platted north of the tracks, we judge from the 
evidence, not many years ago. Two schools have been maintained in this 
district for many years, the site of one, known as the "college school," being 
located at the four corners at the center of the four sections of land to the 
west, and the site of the other, known as the Piano village school, is adjoining 
the village on the south. 

Bonds were voted to build a new schoolhouse in the village of Piano. The 
proposition to sell the old site was voted down by the people. However, the 
school board decided to purchase a new site north of the railroad tracks. 
A. L. Bear, a resident of the western portion of the district and a patron of 
the college school, appealed from the action of the board. The county super- 
intendent sustained the board. Appeal was then taken to the Superintendent 
of Public Instruction. The only question to be determined in this appeal is, 
did the school board abuse its discretionary power in selecting a new site 
north of the railroad tracks? The case seems to be a very simple one to 
decide. 

The principal complaint of appellant seems to be that the greater number of 
the children who attend the Piano school live south of the railroad and that 
the crossing over the track is dangerous. It is true that there is always danger 
connected with crossing railroad tracks, especially in the case of children. 
This condition is not peculiar to Piano. Many cities, towns, and villages, and 
even rural communities, are intersected by railroads and children are com- 
pelled to cross the tracks in order to reach school, but it is no worse for 
children crossing railroad tracks in one direction than for those traveling in 
the opposite direction. It is the duty of railroad companies and of the town 
and township officials as far as possible to properly safeguard the lives of 
people at such places. 

Counsel for appellant claims that where a district already owns a site that 
the school board cannot legally change to a new site without being directed 
to do so by a vote of the people. There would be grounds for claiming an 
abuse of discretionary power by the school board in the case of the removal 
of a schoolhouse of large size and constructed of material that would make it 
expensive or difficult to move the building. Had the bonds been voted to 
build on a particular site, then the school board could not disregard the vote 
of the people. In this case, a new schooUiouse is to be erected. The bonds 
were not voted to build on any specified site. We believe that it is within 
the jurisdiction of the school board to select a site for the same. Section 2773 
of the School Laws of Iowa provides as follows: "The board may fix the site 
for each schoolhouse, taking into consideration the geographical position, num- 
ber and convenience of the scholars." This Department has always ruled that 
unless it can be shown that the school board has clearly abused its discretionary 
power, its action should not be reversed. 

The evidence shows that the new site will be more convenient for all por- 



SCHOOL LAWS OF IOWA 121 ■ 

tions of sections 16 and 21 on the east side of the district for which the Piano 
school is maintained. The school appears to be established largely for the 
children residing in the village of Piano. There does not seem to be much 
choice between the old site and the new as far as average distance to school 
of residents in the village is concerned. 

We do not see wherein residents in the western part of the district can be 
aggrieved by locating the school on the proposed site. In fact, should they 
ever desire to send children to the Piano school, it seems that the new site 
would be more conveniently situated. As before stated, the only question in- 
volved in the appeal is, did the school board abuse its discretionary power in 
voting to purchase a new site? We do not find that the board acted with 
prejudice or malice, neither do we find that any one will be inconvenienced by 
choosing the new site. We believe that the county superintendent could find 
no valid reason for reversing the action of the board. The county superin- 
tendent in sustaining the board is therefore approved. 

Affirmed. 
A. M. DEYOE, 

October 3 1913. Superintendent of Pul)lic Instruction. 



P. B. Dow V. The Board of Directors of the New Independent District of 

Stockport. 

Appeal from Van Buren County. 

Director. Neither the county nor the state superintendent have authority to 
determine the validity of school elections. This may be determined in the 
courts only. 

School Boards. School boards have no authority to oust an illegally elected 
director, quo warranto proceedings are the exclusive legal remedy. 

Appellant contends that he was elected director of the New Independent 
District of Stockport at the regular March election in 1913 and that he was 
deprived of his rightful claims to the office of director by the action of the 
old board in declaring the election illegal. 

At a meeting of the old board of directors held on the third Monday in 
March, the following resolution was adopted by a majority of one vote: "Be 
it resolved by the board of directors of the New Independent District of Stock- 
port that at the election of directors of and for the said school district on the 
10th day of March, A. D. 1913, no person was legally elected to the office of 
director, and that the present directors therefore constitute the legal board of 
directors of the district until their successors shall hereafter be duly elected 
and qualified." Counsel for appellant calls attention to the fact that two of 
the directors who were defeated for re-election voted in the affirmative on the 
adoption of the resolution. 

Counsel for appellant maintains that he is not seeking in the case at bar to 
have the county superintendent determine whether the election was legal or 
illegal, in fact he concedes that the county superintendent is without jurisdic- 
tion to decide a question involving the legality of an election, but is seeking 
to establish the principle that the county superintendent is legally authorized 
to determine a question which involves the jurisdiction of the board with 



122 SCeOOL LAWS OF IOWA 

respect to any action it may take. With special application to the case at bar, 
counsel claims, "a reversal of the action of the board of directors because 
they had no jurisdiction, no power, no right to adopt the resolution in question." 

Counsel for appellee is of the opinion that, "the condition of the Stockport 
School District, as to the election of directors, has been in chaos ever since 
the formation of the district, and it is contended that the district had no power 
or right under the law to elect directors as it pretended to do in 1913, hence 
the merits of the controversy, it will be readily seen, is not hefore this court 
so that it could be determined on appeal; and it will also be readily seen, the 
merits of that controversy is one for the courts, having power to determine 
the whole matter, and enforce its decision or judgment by ousting illegal di- 
rectors, if it be found that any are illegally claiming and pretending to act, 
and by inducting into office such persons as the court may find entitled thereto." 

Motion to dismiss the case was filed with the county superintendent by at- 
torney for appellee on the grounds that the county superintendent was without 
jurisdiction in cases involving the legality of school elections and any action 
of a school board with respect thereto. 

We can see no particular advantage to be gained, neither can we see that the 
settlement of questions similar to the case at bar will be facilitated by an 
appeal to the county superintendent, in the light of the decisions of the courts 
and the rulings of the Department of Public Instruction. The courts have in- 
variably ruled that when title to office is the avowed or real subject in con- 
troversy, then quo warranto is the exclusive legal remedy. It has been the 
ruling of the Department of Public Instruction all. along that all questions in 
dispute concerning school elections, and any action of a school board with 
respect thereto, are matters for the courts to determine and that an appeal 
would not lie with the county superintendent. Miner v. District Township of 
Cedar. S. L. Decisions, 1911, page 205. 

The election returns appear to show that F. B. Dow was elected director. 
If we accept the theory of attorney for appellant that the principle he sought 
to have established or determined does not involve the legality of an election 
or the title of appellant to the office of director, it is very clear that had the 
county superintendent assumed the authority to rule that the board acted with- 
out jurisdiction in declaring the election illegal, that appellant, F. D. Dow, 
would probably have been allowed to qualify as a member of the board to take 
the place of the member of the old board, who, the election returns indicate, 
was defeated. The rights of appellant to hold the office of director would have 
remained undetermined, however. 

Now let us return to the limited construction put upon the purpose of this 
appeal by counsel for appellant, viz., the authority of the county superintendent 
to determine matters pertaining to the jurisdiction of school board. 

The case of Perkins v. The tBoard of Directors of the Independent School 
District of West Des Moines may throw some light on the matter. 56 Iowa, 476. 

"It is very plain that in one class of cases appeals are not the exclusive 
remedy for reviewing or assailing the decisions and orders of the school 
directors. This class includes all cases wherein the jurisdiction and power of 
the directors are brought in question and wherein questions arise involving 
the construction of statutes conferring power upon school officers. 

The courts of the state are arbiters of all questions involving the construc- 
tion of the statutes, conferring authority upon officers and jurisdiction upon. 



SCHOOL LAWS OF IOWA . 123 

special tribunals. It was certainly never the intention of the legislature to 
confer on school boards, superintendents of schools, or other officers discharg- 
ing quasi-judicial functions, exclusive authority to decide questions pertaining 
to their jurisdiction and the extent of their power. All such questions may be 
determined by the courts of the state." 

We are of the opinion that the whole matter is a question for the courts to 
determine and that the county superintendent was without jurisdiction. 
The action of the county superintendent in dismissing the case is approved. 

Affirmed. 
A. M. DEYOE, 
Superintendent of Public Instruction. 
Des Moines, Iowa, August 21, 1913. 



Wm. Kopaska v. The School Township of Seeley. 

Appeal from Guthrie County. 

Appeax. An appeal may not be taken from an action of the board that is not 
final. 

Remedy. In case a school board fails to carry out the will of the electors as 
expressed the remedy is mandamus. 

The following facts in the history of the case are gathered from the tran- 
script. At the annual March meeting in 1910, the board of directors of the 
School Township of Seeley was authorized by the electors to purchase a school 
road forty feet wide and about one-half mile in length, for the purpose of 
giving one William Kopaska, a road to school. The board was further author- 
ized to order the levy of a tax not to exceed five mills on the dollar to purchase 
said road. A tax of three mills on the dollar was ordered by the board for 
the specific purpose of buying the Kopaska road. The money is now in the 
hands of the school treasurer, and is more than ample to pay for the land 
required for the road. It appears that the board has made some attempts to 
secure the land for the road but has failed to reach an agreement with the 
owners as to prices for the property. 

The question of allowing the school board an option of securing a road for 
Mr. Kopaska in another location was later submitted to the electors of Seeley 
township district and again the voters favored the location of the road as at 
first directed. 

At the annual meeting of the board, July 1, 1913, Mr. Kopaska was repre- 
sented by his attorney who presented a petition to the board praying that 
immediate action be taken for the establishment of the road. Whereupon the 
following motion was lost by unanimous action of the board. "Moved that we 
grant the petition of William Kopaska and proceed to establish and procure 
for use said school road as in petition set forth; that warrants issue in the 
following amounts to the respective parties for land and damages because of 
the establishment of said school road. 

J. B. and Mary Tallman $125 

Ann Congdon 200 

Hans Jorgenson 525 

"The secretary is hereby instructed to issue said warrants, have them prop- 



124 . SCHOOL LAWS OP IOWA 

erly signed by the president, and to deliver same to said parties, taking their 
proper receipt therefor." 

The amounts set fortli in the motion are purported to be tlie amounts claimed 
by the owners of land wanted for the road. Mr. Kopaska appealed from the 
action of the board to the county superintendent, claiming the said action of 
the board to have been a final action. After the hearing was concluded, the 
county superintendent dismissed the appeal on the ground that said action by 
the board was not final and that the proper action by appellant was not appeal. 
Appeal was taken to the Superintendent of Public Instruction. 

We agree with the county superintendent in dismissing the appeal. The 
board had the right to refuse to allow the prices as fixed by the motion, if 
considered excessive. 

Section 2815 of the School Laws provides the method whereby school boards 
may by condemnation proceedings obtain right and title to schoolhouse sites 
and land for school roads when property so desired cannot be secured upon 
satisfactory terms to the school board by mutual agreement between the board 
and the land owners. The law provides for the appointment of disinterested 
persons to act as referees who "shall fix the damages sustained as near as 
may be on the basis of the value of the real estate so appropriated * * * * 
and upon the amount found by the referees being deposited with the county 
treasurer for the use of the owner, possession may at once be taken." 

A refusal by the board to proceed according to the provisions of this act 
should undoubtedly be considered as a final action of the board. The board 
has not refused to resort to the extent of the law to secure the school road 
for Mr. Kopaska. It has simply failed to do so. 

It seems that an agreement between the board and the .owners of the land 
is improbable. We are of the opinion that the board should have come to this 
conclusion some time ago. We are of the opinion also that the board of the 
School Township of Seeley has been dilatory almost to the extent of negligence 
of duty in not carrying out the instructions of the voters in providing a road 
for Mr. Kopaska. This is a matter of much importance to Mr. Kopaska who 
has several children to send to school. No children should be compelled lu 
travel through neighbors' pastures and climb barb-wire fences to reach school. 
School districts can well afford to provide suitable roads for children to travel 
■to school unless conditions are very unusual. 

Section 2778 of the School Laws provides "that school boards shall carry 
into effect any instructions from the annual meeting upon matters within the 
control of the voters." It seems unreasonable that it should be necessary for 
a school board to delay nearly four years in carrying out the will of the electors 
as expressed at an annual meeting. 

We are of the opinion that the remedy in this case is an application to the 
court of law for mandamus to compel the board to act as directed by the 
electors and that an appeal is not the proper method of procedure. We trust 
that the board will now act promptly in the matter and that it will not be 
necessary for Mr. Kopaska to apply to the court for relief. 

The decision of the county superintendent is Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, January G, 1914. 



SCHOOL LAWS OF IOWA 125 



O. J. Strike v. The Independent School District of Leland. 

Appeal from Winnebago County. 

Equal School Privileges. The law contemplates that school boards shall render 
justice to all children residing within the district. Two and one-half miles is 
too far to require small children to walk to school. 

Transportation. Transportation as provided in Section 2794-a does not apply- 
to schools organized under Section 2794 but applies to consolidated schools only. 
However, transportation of pupils in rural schools is many times advisable. 

Duty of School Board. A school board has not exhausted its powers to provide 
proper school advantages until it has taken full advantage of the law. 

The town of Leland was incorporated in 1895, consisting of six sections of 
land. The Independent School District of Leland was formed in the same year 
under the provisions of Section 2794 of the School Laws of Iowa, consisting 
of the incorporated town of Leland and two additional sections including one 
subdistrict from the school township of Forest and one subdistrict from the 
school township of Newton, Winnebago county. The Independent School Dis- 
trict of Leland is two miles east and west, by four miles north and south. The 
town plat of Leland is located about one-half mile south of the center of the 
independent district, in which stands the Leland schoolhouse. In the stipula- 
tion of facts as made of record at the request of defendant and which is made 
a part of the transcript in the case, the following statements appear: "Prior 
to the year 1895 the schoolhouse in the subdistrict of Forest township was 
located in the village of Leland and there was a schoolhouse in the geographical 
center of the subdistrict of Newton township. After the formation of the said 
independent district, school was continued at each of the said locations until 
about the year 1905, when school was discontinued in the schoolhouse in 
Newton township and ever since such discontinuance the school board has 
transported to the Leland school pupils tributary to the Newton school, the 
average number being about fourteen pupils, and has not provided transporta- 
tion for other children at any time. As shown by the secretary's report, there 
are seventy children of school age in the corporation. That there are not and 
never have been any other branches taught in said district other than the 
usual and ordinary requirements for country schools which are up to and in- 
cluding the eighth grade. The average attendance in the Leland school for 
the year 1912-1913 was forty-two pupils." 

About the year 1900, a new four-room schoolhouse was erected in the town 
of Leland. Two teachers have been employed in the Leland school since the 
discontinuance of the school in the Newton township territory. 

O. J. Strike, appellant, lives in the southern part of the Independent School 
District of Leland, in what was formerly the subdistrict of Forest township, 
about two and one-half, miles from the Leland school. Some children living in 
the northern part of the Leland Independent District, in what was formerly 
the Newton township subdistrict, are being transported to school, who live no 
farther from the Leland school than does Mr. Strike. The board has never 
provided transportation for Mr. Strike's children, claiming the district could 
not afford to provide transportation for one family; that by providing trans- 



126 SCHOOL LAWS OF IOWA 

portation for Mr. Strike, a precedent would be established that might in the 
future embarrass the district financially. Mr. Strike has sent his children 
some of the time to a school in an adjoining district, a distance of a little 
over one and three-fourths miles, and the tuition has been paid by the Leland 
district. There is no evidence submitted to show that the school board of the 
Leland district has ever attempted to arrange with the board of the adjoining 
district for the attendance of the children of Mr. Strike in accordance with 
Section 2774 or Section 2803. The evidence does show that the school board 
of the Leland Independent District has allowed bills for tuition for Mr. Strike's 
children in an adjoining district and has never refused to do so. But attend- 
ance of his children in an adjoining district never was satisfactory to Mr. 
Strike. He has at different times petitioned and requested the board of the 
Leland District to provide transportation for his children to their own school. 
The board failed to take any action on the petition until ordered to do so by 
the court under mandamus proceedings. The board then denied Mr. Strike 
transportation for his children. 

Mr. Strike appealed to the county superintendent and claimed the district 
must furnish transportation on the following grounds: 

"1. That the law making transportation mandatory was provided in Sec- 
tion C, Chapter 143, Acts of the Thirty-fourth General Assembly (Section 
2794-a2, School Laws of Iowa, Edition of 1911), as applicable to districts or- 
ganized under Section 2794-a, Chapter 143, Acts of the Thirty-fourth General 
Assembly, was equally applicable to districts organized under Section 2794 of 
the Code. (Sections 2794-a and 2794, School Laws of Iowa, Edition of 1911.) 

"2. That by denying the affiant the relief asked in his said application the 
board is discriminating against the affiant by denying him school privileges 
granted to others in the said district similarly situated with respect to school 
advantages." 

The first proposition depends upon what construction is given to the Sections 
of the School Laws held in question, viz.: Sections 2794, 2794-a and 2794-a2. 
The second proposition refers to the duty of the school board in providing 
equal school privileges to children living in the district situated under similar 
circumstances, the facts concerning which must be determined upon the evi- 
dence submitted in the case. 

The county superintendent bases his reasons for reversing the board on the 
following grounds: 

With reference to the first proposition, the county superintendent assumed 
that the legislature intended Section 2794-a to be an amendment to Section 
2794, therefore transportation is compulsory in both instances in accordance 
with Section 2794-a2; that Section 2794 is a provision for the formation of an 
independent district to include a city, town or village and territory contiguous 
thereto, through process of annexation or consolidation without limitation as 
to size of the district; that Section 2794-a is a provision for the purpose of 
encouraging further consolidation of school districts in exclusively rural com- 
munities. The county superintendent "inferred that the legislature considered 
sixteen sections about as small a territory as might be consolidated in a sec- 
tion containing no city, town, or village, and be financially able to maintain a 
school where transportation is furnished." 

With reference to the second proposition, the county superintendent sup- 



SCHOOL LAWS OF IOWA 127 

ported the contention of appellant, and considered this cause sufficient, pro- 
viding he has taken an erroneous view concerning the first proposition. 

We cannot find the least foundation for the assumption of counsel for ap- 
pellant, in which the county superintendent concurred, that Chapter 141, Acts 
of the Thirty-first General Assembly, as amended by Chapter 143, Acts of the 
Thirty-fourth General Assembly (Sections 2794-a to 2794-a7, School Laws of 
Iowa, Edition of 1911), was intended as an amendment to Section 2794 of the 
School Laws of Iowa. By reference to the bill as enacted by the General 
Assembly, there is nothing in the title, nor in the language of the law, to 
indicate that Section 2794-a is to be considered as an amendment to 27*94 or 
that the two sections are connected laws. Section 2794-a2 which makes trans- 
portation mandatory was enacted with Section 2794-a and applies to inde- 
pendent consolidated districts only; such as are formed in accordance with 
Section 2794-a. The county superintendent was clearly in error in assuming 
that Sections 2794 and 2794-a are related laws in the sense that the former pro- 
vides for consolidation of school districts which include a city, town, .or village, 
and that the latter refers especially to the formation of consolidated inde- 
pendent districts composed entirely of the union of rural districts. Section 
2794-a is the only section of the school laws that provides for the formation 
of consolidated independent districts and in which transportation of pupils is 
made mandatory by Section 2794-a2. The fact that one section is number 2794 
and the other is numbered 2794-a should not be construed to mean that the 
second was intended as an amendment to the first. Section 2794-a was enacted 
several years after Section 2794, but was so numbered by the editor of the Code 
Supplement, 1907, to give the law the proper setting in the Code with other laws 
relating to formation of school districts, the plan followed frequently in num- 
bering sections in the Code. Section 2794-a is applicable to conditions and 
makes requirements independent of Section 2794. This is the opinion of those 
well versed in the law and having a broad legislative experience. 

The Independent School District of Leland is not a consolidated district in 
the meaning of the law; it was not formed in accordance with Section 2794-a, 
therefore, appellant cannot legally claim transportation for his children as 
provided in Section 2794-a2. 

However, we are of the opinion that the law in Sections 2774, 2803, and 2806 
amply provides for just such cases as that of Mr. Strike, and that the law con- 
templates that school boards shall render justice to all children residing in the 
district. Further, we are of the opinion that two and one-half miles is too far 
to require small children to walk to school. 

As to matters of fact, we think the county superintendent is correct in the 
following conclusions: "The evidence shows that the board has made no at- 
tempt to furnish appellant school privileges in another corporation as provided 
by law. The evidence also shows that the distance to the nearest school outside 
the Independent District of Leland is really an unreasonable distance for small 
children to walk to school, even though such arrangements were made. It is 
self evident that the privileges furnished in a small rural school are not equal 
to those which may be and are afforded to pupils in a two-room school in which 
more time may be given to classes and where in general better teachers are em- 
ployed and more money expended for all purposes. In order to guarantee ap- 
pellant's children equal privileges, it will be necessary for the board to furnish 
the privileges within the school corporation in which the children reside." 



128 SOHOOL LAWS OF IOWA 

"It must be admitted that the board is not furnishing appellant's children the 
same school privileges as far as possible as are accorded to other children living 
within the school corporation, a duty incumbent upon every board." 

The county superintendent offers the following solution of the problem in 
which we concur: "The board, in my opinion, may pay the appellant a reason- 
able amount for the transportation of his children, even though the amount 
might not be acceptable to the appellant." It would bankrupt many independent 
districts in the state were such districts compelled to hire special vehicles to 
transport different families located as is Mr. Strike. No such result will occur 
by making an allowance for the transportation of children as suggested in his 
case. It must be acknowledged that Mr. Strike is not as fortunately situated 
with respect to neighbors having children to send to school as are the patrons 
in the northern part of the district, and it seems improbable that the district 
could hire a special driver to transport his children without incurring an ex- 
pense to the district nearly equal to the total expense of transporting the chil- 
dren of several families living north from Leland. We believe the claim of Mr. 
Strike is entitled to recognition by the board and that he should be allowed an 
amount for the transportation of his children at least in proportion to the aver- 
age cost of transporting other children in the district. 

"When there will be a saving of expense, and children will also thereby secure 
increased advantages, it may arrange with any person outside the board for the 
transportation of any child to and from school in the same or in another cor- 
poration and the expenses shall be paid from the contingent fund." Section 
2774 of the School Laws. 

Simply because one family may be somewhat isolated from other families 
should not excuse the district from furnishing that family as far as possible 
equal school advantages with other families grouped together and similarly 
situated with respect to distance from school. 

"While the law does not prescribe a maximum for school travel, yet by per- 
mitting provisions to be made under given conditions for children to attend 
other schools than their own when they live more than one and one-half miles 
from the latter, it is evident that the legislature regarded that distance about 
as far as a child should travel to reach school." Severeid d- S'tenherg v. Independ- 
ent District of Fieldberg, S. L. Decisions. Also Section 2803, School Laws of 
Iowa. 

"While it is incumbent on the board to furnish reasonable school privileges 
for all children of the township, it is often the better plan to transport pupils 
to existing schools than to establish additional schools." Hancock et al. v. School 
Township of FranlcUn, S. L. Decisions. Also S. L. Decision, Afnold et al v. 
School Township of Richland, and Supreme Court decision sustaining the opin- 
ion of the Superintendent of Public Instruction in Arnold case, 152 Iowa, 500. 

"The board of each school corporation * * * shall estimate the amount 
required for the contingent fund, * * * and such additional sum as may be 
necessary not exceeding five dollars for each person of school age for trans- 
porting children to and from school." Section 2806, School Laws of Iowa. 

A district whose taxable valuation is large, or a district embracing a larger 
area than the customary four sections, should undoubtedly avail itself of its 
ability to raise funds for the proper support of its school or schools. We do not 
feel that any school board has exhausted its power to provide proper school 
advantages for children living an unreasonable distance from school until it has 



SCHOOL LAWS OF IOWA 129 

taken full advantage of the law as found in Section 2806 of the School Laws. 
No other interpretation of the law can consistently harmonize with the principle 
of providing equal school privileges as far as possible for all children. The law 
limits the amount that may be levied for transportation purposes, consequently 
there can be no danger of embarrassing any district financially for this pur- 
pose. We believe it is consistent with the law and only fair to appellant, for 
the board to make a reasonable allowance for the transportation of his children 
to the Leland school. We are of the opinion that it would be unfair to base the 
allowance on the attendance of one child considering the total number of chil- 
dren transported as given in the stipulation of facts in case there should be only 
one child attending school from the Strike farm and the resident of said farm 
were compelled to furnish his own horse and vehicle of transportation. 

In so far as the decision of the county superintendent is based upon the propo- 
sition that Section C, Chapter 143, Acts of the Thirty-fifth General Assembly 
(Section 2794-a2, School Laws of Iowa, Edition 1911) is applicable to the Inde- 
pendent School District of Leland, the same is reversed, but inasmuch as his 
ruling is proper on the ground of an unreasonable distance for small children 
to travel to school and that the children of Mr. Strike are entitled to equal 
school privileges with other children in the district in as far as the board is able 
to provide, his decision is affirmed except that the same is hereby modified so as 
to permit the school board to make to Mr. Strike, or his successors, an allow- 
ance for transportation of his children equal at least to the average cost of 
transporting pupils to school in said district, from and after the commencement 
of the next term of school in said district in lieu of transporting said children, 
by electing so to do by August 15, 1914, notice of such election to be filed with 
the county superintendent of schools of Winnebago county, provided that the 
minimum allowance shall not be less than six dollars per school month. 

The decision of the county superintendent is therefore Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 
Des Moines, Iowa, June 22, 1914. 



John Allsup et al v. The Independent School District of Maple Grove, 

Cedar Township. 

Appeal from Mahaska County. 

Boundaries. The description of the boundaries given in the original notice and 
the notice of election should be the same. 

Notice. Due and legal notice of election must be given. The statute, however, 
does not require that the description shall be printed on the ballot as the voters 
have ample opportunity to familiarize themselves with the posted description of 
the territory included in the consolidation. 

The above entitled action relates to the formation of the Consolidated Inde- 
pendent School District of Wright, Mahaska county, as provided in Section 
2794-a, School Laws of Iowa, edition of 1911. (Chapter 141, Acts of the Thirty- 
first G. A., as amended by Chapter 143, Acts of the Thirty-fourth G. A.^ 

Briefly stating the history of the case, the proposed consolidation includes the 



130 SOHOOL LAWS OP IOWA 

Maple Grove, and parts of the rural independent districts of Buckeye and Pleas- 
ant Grove, all in Mahaska county. The petition describing the boundaries of 
the proposed consolidated independent school district containing not less than 
sixteen (16) sections of land and signed by more than the required number or 
voters was approved by the county superintendent and filed with the school 
board of the Independent District of Maple Grove^ 

The following is quoted from the secretary's minutes of a called meeting of 
the school board of the Independent District of Maple Grove, held at Wright on 
the 19th day of May, 1914: "A petition has been circulated and signed by more 
than one-third of the qualified voters of the school districts of Unity of Spring 
Creek, Zoar of Harrison, South White Oak of White Oak, and Maple Grove of 
Cedar Township, to call an election to vote on the question, 'Shall the proposed 
whole of the rural independent districts of Zoar, Unity, South White Oak, and 
Consolidated Independent District of Wright be established?' said petition being 
approved by the county superintendent May 16, 1914, and placed in my hands 
May 18, 1914." An election was called on June 2, 1914, and the secretary in- 
structed to post notice of election. A map of the proposed consolidated independ- 
ent district shows the village of Wright to be located at the four corners of 
the independent districts of Unity, Zoar, South White Oak, and Maple Grove. 

Appellant denies the validity of the proceedings by which the Consolidated 
Independent School District of Wright was established and organized and here- 
by seeks to have the establishment and organization of said Consolidated Inde- 
pendent School District of Wright nullified. Several irregularities and errors in 
the proceedings are charged by appellant in his affidavit of appeal and an 
amendment thereto. Counsel for appellant places special emphasis upon the fol- 
lowing alleged particulars wherein the law was disregarded: 

"That there is a fatal variance between the petition, the notice of election, and 
the question as submitted upon the ballot. No two of the same being alike." 

"That there was no petition filed in the district having the greatest number of 
voters, as provided by law, as a basis for the calling of the said election, and 
that there was no election called and held to vote upon the organization of the 
proposed district by the Board of Directors of the district within said territory 
having the greatest number of voters, as provided by law." 

"That said notices of election provided for an election at which the polls 
should be opened at 10 o'clock a. m., which is contrary to law." 

The ruling of the county superintendent, dated August 14, 1914, contains the 
following: "It is hereby decided that there is no merit in the appeal; that the 
law has been substantially complied with in the matter of procuring and filing 
the petition for consolidation; that the election was legally held, and that the 
judges and clerk of said election were legally qualified to act, and that the 
statute has been substantially complied with in every respect." 

Appeal is carried to the Superintendent of Public Instruction. 

We find that the descriptions of the boundaries given in the original copies of 
the petition and the notice of election are the same, and that no error was com- 
mitted in this respect. With reference to the allegation that an exact and com- 
plete description of the boundaries of the proposed consolidated district should 
have been printed on the ballot and that said description on the ballot should 
correspond to those given in the petition and in the notice of election, we are of 
the opinion that the law nowhere makes any such requirement. Undoubtedly 
in case the description of the boundaries were printed on the ballot, then said 



SCHOOL LAWS OF IOWA 131 

description should agree with the descriptions given in the petition and in the 
notice of election. We do not find that the statute requires that the description 
be printed on the ballot. In fact, since the law makes no such requirement, we 
are of the opinion that such printing of the description of the boundaries on the 
ballot would be entirely useless and superfluous. Every voter had ample oppor- 
tunity to become familiar with the description of the territory included in the 
proposed consolidation by reading the notice of election. The statute implies 
that notice in writing of such propositions as will be submitted to and be de- 
termined by the voters, shall be posted by the secretary of the board in at least 
five public places in said corporation, for not less than ten days next preceding 
the day of the meeting." The proposition submitted in this case was set forth 
in the petition describing the boundaries of the proposed district and requesting 
the establishment of a consolidated independent district. (Section 2746, School 
Laws of Iowa, edition 1911.) Section 2749 of the School Laws of Iowa, edition 
1911, practically suggests the form of a ballot to be used in school elections. 
There are advantages in having a form of ballot that is as simple as possible 
and yet clearly stating the proposition to be voted upon. The wording of the 
ballot used was as follows: 

Shall the districts of Zoar, Unity, Maple Grove, South White Oak, and parts 
of Buckeye and Pleasant Grove districts be formed into a consolidated district? 
Yes. 
No. 

We believe a better wording would have been as follows: 

Shall the proposed Consolidated Independent District of Wright be established? 
Yes. 
No. 

A note of explanation as to how to mark the ballot when voting "Yes," or 
when voting "No" would have been instructive to the voters. 

The evidence does not show that any other proposed consolidated independent 
district including any of the territory included in the proposed Consolidated 
Independent District of Wright was being considered. 

We do not excuse the action of the school board in fixing an hour for the 
opening of the polls different from that as provided in Section 2754, School 
Laws of Iowa, edition 1911. It was a dangerous thing to do, and might easily 
have resulted in sufficient cause for the courts to rule the election not legally 
conducted. Section 2754 of the School Laws, provides that the polls in rural 
independent districts shall open at 1 o'clock p. m. and must remain open not 
less than two hours. Appellant finds no fault with the hour of closing the polls, 
viz., 3 o'clock p. m. 

Mack's Cyclopedia of Law and Procedure contains the following concerning 
the construction of a statute with respect to the conduct of elections: "The 
provisions of a statute as to the time of opening and closing the polls is so far 
directory that an irregularity in this respect which does not deprive a legal 
voter of his vote or aJmit a disqualified person to vote will not vitiate the elec- 
tion. But if the departure from the provisions of the statute in regard to the 
time of opening or closing the polls was so great that it must be deemed to have 
affected the result, the election must be called invalid." Volume 15, page 364. 

From the above citation, it appears that the courts have not held an election 
illegal because of an irregularity as to the time of opening or closing the polls 
unless it has been shown that illegal votes were cast or that persons were de- 



132 SOHOOL LAWS OP IOWA 

prived of their right to vote by reason of such irregularity. No such charge is 
made, neither does the testimony reveal any such condition. However, the ques- 
tion of the legality of an election has always been considered a matter for the 
courts to determine. 

Finally, we find no testimony taken in the trial before the county superin- 
tendent showing that any voter was misled or deceived concerning the proposi- 
tion voted upon in marking his ballot, that no one was deprived of his rights 
and privileges as a voter, or that any one voted who was not a legal voter by 
reason of the opening of the polls at 10 o'clock. Neither does the testimony 
establish the contention of appellant that the petition was not filed with the 
proper board, viz., the school board of the Independent District of Maple Grove. 

After carefully reading the transcript, including the testimony, we agree with 
the county superintendent, "that the statute has been substantially complied 
with in every respect." 

The decision of the county superintendent is, therefore, Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 
Des Moines, Iowa, November 18, 1914. 



J. G. Shea v. The District Township of Pilot. 

Appeal frovi Cherokee County. 

Duty of Parents. It is not the intention of the statute to place all the respon- 
sibility and all inconvenience upon the board and take all responsibility of 
transportation from the parents. 

Powers of Board. There is no impropriety under the law in a board making an 
allowance to parents for transportation but it is purely discretionary. 

Distance. There may be some injustice to fix a maximum limit as a reason- 
able distance to travel to school. Something depends upon the conditions of the 
highway and the age of the pupils. 

Appellant is a farmer living in Pilot township, Cherokee county, Iowa. He 
has four children of school age; the youngest being about six and the oldest 
twelve years of age. The nearest school to his home by a traveled highway is 
about two and one-half miles. An explanation of the distance of appellant's 
home from school is made in his affidavit of appeal as follows: 

"That there is no schoolhouse or school in said Pilot township nearer to af- 
fiant's home than about two miles and one-half except a schoolhouse located 
across the Little Sioux River, which is inaccessible by reason of the fact that 
there is no bridge or crossing over said river nearer than about two miles and a 
half from affiant's home, making the travel to said schoolhouse from affiant's 
home a distance of about five miles." 

It is averred that appellant at different times made application to the school 
board of the District Township of Pilot to allow or furnish transportation for his 
children to and from school. The school board had directed that appellant's 
children attend school in subdistrict No. 5, which is the school located about 
two and one-half miles from his home. The authority of the board of directors 
to direct where children shall attend school within the corporation is fixed by 
Section 2773 of the Code. (Same section in School Laws, edition of 1911.) The 



SCHOOL LAWS OP IOWA 133 

board agreed to allow appellant $10.00 per month for the transportation of his 
children to school in said subdistrict No. 5. This amount was accepted by him 
for a spring term of school of about two months. Appellant became dissatisfied 
with the amount paid by the board, refused to accept the allowance, and de- 
manded that the board of directors furnish transportation for his children to 
school. Appellant has sent his children to a parochial school, at his own ex- 
pense, in the city of Cherokee, a distance of about four miles, nearly all of the 
time they have attended school. 

Conditions with respect to distance to school have not changed since Mr. Shea 
purchased the farm where he now resides. He purchased the farm knowing 
these conditions. No school has been closed or discontinued to cause him 
greater inconvenience. 

Another school patron, a neighbor of Mr. Shea, by the name of Townsend, has 
been transporting his children, seven in number, to subdistrict No. 1, a distance 
of three and one-half miles, for the sum offered appellant, namely $10.00. 

Several disputed questions are forced upon us for consideration in the case 
at bar: 

1. What is the meaning of the following language of the law found in Sec- 
tion 2774? "The board of directors * * * may arrange with any person out- 
side the board for the transportation of any child to and from school * * *." 
2. Did the school board err or violate the law by offering Mr. Shea $10.00 per 
month to transport his children to school? In other words, is it illegal for a 
board to contract with a parent to transport his own children to school? 8. In 
case the parent refuses to accept the amount the board agrees to allow him for 
transporting his own children to school, can the board be compelled to hire a 
driver who shall furnish a team and wagon for the purpose of transporting the 
children of every family to school that happens to be situated at a distance that 
may reasonably be considered too great for children to walk to school, regu- 
larly? 4. Was the sum of $10.00 allowed by the board to Mr. Shea a reason- 
able compensation under the circumstances? 5. The question also arises, what 
shall be considered an unreasonable distance for children to travel to school? 
6. Should the law be construed to mean that it is an abuse of its discretionary 
power for a board to refuse to provide or make an allowance for the transpor- 
tation of children to school, who reside at an unreasonable distance from school 
for children to walk? 7. Should the condition of the roads the children must 
travel and the age of the children receive consideration in determining the ques- 
tion at bar? 8. Should the ability of the district financially to pay transporta- 
tion be taken into account? 

We believe the foregoing questions are vital. We are of the opinion that 
the power vested in boards of directors of all school corporations, concerning 
allowing or furnishing transportation for children to school at the expense of 
the district, except in those districts organized under the provisions of Section 
2794-a, Supplement to the Code, 1913 (also School Laws of Iowa, edition of 
1911), is set forth in Section 2774 of the Code (also School Laws of Iowa). 
Section 2774 provides as follows: "And when there will be a saving of ex- 
pense, and children will also thereby secure increased advantages, it may ar- 
range with any person outside the board for the transportation of any child to 
and from school in the same or in another corporation, and such expense shall 
be paid from the contingent fund." 

The provision made by law for transportation of pupils in paragraph (c). 



134 SOHOOL LAWS OF IOWA 

Section 2794-a, Supplement to the Code, 1913, applies only to consolidated inde- 
pendent districts where conditions are entirely different from those found in 
any other form of school district. The consolidated independent district plan 
contemplates a unit consisting of a larger territorial area where it is feasible 
to employ regular drivers and where the use of the special wagons for trans- 
porting children can be provided without too great expense per capita for chil- 
dren transported to school. Section 2774 remains in the Code unchanged as 
amended by the Twenty-first General Assembly, neither has a subsequent ses- 
sion of the General Assembly passed any law in any way modifying the provi- 
sions of this section as applicable to certain forms of school corporations. 

We think the county superintendent is correct in his opinion, "That it is not 
the intention of the statute to place all the responsibility and all the incon- 
venience upon the board, and to take all of the responsibility and all of the in- 
convenience from the patrons of the children living an unreasonable distance 
from school." 

There are school corporations in the state, not organized as consolidated in- 
dependent districts, where if each family living an unreasonable distance from 
school could demand that the school board furnish transportation by hiring a 
special driver and conveyance, that the expense would prohibit the mainten- 
ance of the number of months of school each year that should be maintained in 
each school. The use of the words, "may arrange," and also of the words, "out- 
side the board," clearly prescribe that the matter of providing transportation 
and the method of providing transportation for children to school are discre- 
tionary powers of the board. In "arranging" for transportation of children to 
school, it is purely within the discretion of the board to make an allowance of 
money to a parent to transport his own child or children to school, or the board 
may employ some other person to transport them. The amount that shall be 
paid for such purpose is clearly a discretionary power of the board, also. There 
is no impropriety under the law in the action of the board of Pilot township 
making an allowance to Mr. Shea for transporting his children to school. In 
fact, it is the only arrangement the board could be expected to make. 

We are of the opinion that there are conditions concerning distance children 
are compelled to travel to school, where a refusal on the part of a board to 
"arrange" for transportation would be a violation of discretionary power vested 
in school boards. 

The question to be determined is whether the board abused its discretionary 
power under the terms of the law as provivded in Section 2774. 

In Section 2803 of the Code (also same section in School Law, edition of 
191i;, provision is made whereby children may attend school in another school 
corporation when living over one and one-half miles from their own school, but 
nearer a school in another corporation. A patron may not demand this privi- 
lege, however, as an agreement of both school boards must be obtained, or the 
consent of the county superintendent of the county in which the child resides 
and also the consent of the school board of such adjoining school corporation. 
Again, the compulsory attendance law, as provided in Section 2823-a, Supple- 
ment to the Code, 1913, (same section in School Laws), "shall not apply to 
any child who lives more than two miles from any school by the nearest 
traveled road except in those districts in which the pupils are transported at 
public expense." While the law does not specify what distance shall be con- 
sidered as an unreasonable distance for children to walk to school, the con- 



SCHOOL LAWS OF IOWA 135 

elusion is natural that a distance exceeding one and one-half to two miles 
should be considered too far for small children especially to travel to school, 
regulai-ly. There may be some injustice to fix arbitrarily a maximum limit as 
a reasonable distance to travel to school. Something depends upon the con- 
ditions of the highways. 

It is impossible to establish schools equally convenient to all homes. How- 
ever, there is a limit beyond which it should be considered unfair to expect 
children to walk to school. The customary size of a subdistrict and also of a 
rural independent district embraces four sections of land arranged to form a 
square and when a suitable site can be secured and roads are properly laid 
out on section lines, the school is generally located at the center of the dis- 
trict or the subdistrict. The greatest distance any child would possibly be com- 
pelled to travel under the customary conditions would be two miles. 

Reference is made to the foregoing citations in the law relating to attend- 
ance of children at school and to the usual form and size of rural district 
and subdistricts and the location of the schoolhouse therein for the purpose of 
establishing conclusions that would be fair to the children and also to the 
district concerning a reasonable distance for children to travel to school with 
out expense to the district. We can arrive at no other conclusion than that 
it must be considered too far to expect small children to walk, who live at 
a greater distance than two miles from school, even in favorable weather and 
where roads are reasonably passable and good. Our judgment also leads us 
to confirm the above conclusion. 

However, the inference should not be made that every family having small 
children to send to school, that lives more than two miles from school, is 
entitled to transportation at an expense that would be incurred by the district 
furnishing a regular means of conveyance for this purpose such as the law 
necessitates in consolidated independent districts organized under Section 
2794-a et seq. and with the requirements concerning transportation in such 
districts. 

In conclusion, we are of the opinion that the action of the school board of 
Pilot township was fair, liberal, and in accordance with law in offering Mr. 
Shea $10.00 per month to transport his children to school. We think it would 
have been within the law for the board to have granted Mr. Shea the privilege 
of sending and transporting his children to any public school, not including 
the high school department, provided he chose to pay the tuition charged, 
himself, if he selected a public school outside the school corporation of his 
residence. 

We find no abuse of discretionary power vested in the board and we think 
the board has endeavored to deal justly with Mr. Shea in offering him the 
sum of $10.00 per month to transport his children to school. We believe the 
county superintendent was justified in sustaining the school board and his 
decision is therefore Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, June 5, 1915. 



23 



136 SCHOOL LAWS OF IOWA 

Thomas D. Hatton v. The Independent School District of Des Moines, Iowa. 

Appeal from Polk County. 

Legal Residence. From decisions of the court we conclude that the legal 
residence of a minor is the same as that of his parents unless the parents by 
proper legal process relinquish their rights to the control of said minor. 
Actual Residence. It is not an easy matter to determine the actual residence 
of a minor different from that of his natural parents or guardian. The intent 
must be taken into consideration. The power to determine the actual residence 
of a minor claiming school privileges is vested in the school board. 

The plaintiff in this case is a youth about eighteen years of age. His parents 
have lived at Dakota City, Humboldt county, Iowa, for the past five or six 
years. Section 2804 of the Code provides that "persons between five and twenty- 
one years of age shall be of school age." 

There are only two years of high school work, including the ninth and tenth 
grades, conducted in the Dakota City public school. During the school year of 
1913-1914, Thomas D. Hatton, plaintiff, attended the Humboldt high school 
where he completed the eleventh grade. His tuition in the Humboldt high 
school to the amount of $3.50 per month was paid by his home district. The 
Independent District of Dakota City. The balance charged, to the amount of 
fifty cents per month, was paid by Thomas, himself. 

About February, 1914, arrangements are claimed to have been made between 
the Hatton family and Mr. and Mrs. J. C. Hume of Des Moines, whereby the 
said Mr. and Mrs. Hume agreed that Thomas should come to Des Moines to 
live with them as a member of their family. The understanding being that 
Thomas should complete the twelfth grade in the West Des Moines High School 
and later attend Drake University. It was decided, however, that it would not 
be best to break into the school year at Humboldt and that his coming to 
Des Moines should be deferred to some date prior to the opening of school in 
September, for the year 1914-1915. Thomas came to Des Moines about August 
20, 1914, and entered West Des Moines High School. 

The question of tuition was raised by the principal of the high school and 
Thomas was referred to the secretary of the school board, Mr. A. L. Clinite, 
to make arrangements regarding the matter. Plaintiff was informed by Mr. 
Clinite that the usual method of collecting tuition from non-resident pupils 
would be followed. 

On September 22, 1914, and also on November 4, 1914, letters concerning 
plaintiff's enrollment and tuition in West Des Moines High School were sent 
to the Secretary of the Independent District of Dakota City by the Secretary of 
the Independent District of Des Moines. No reply to these letters was re- 
ceived. In January notice of amount of tuition claimed due was sent to John 
Hatton, the father of the plaintiff. To this notice the following reply was re- 
ceived": 

Mr. A. L. Clinite, Sec, Des Moines, Iowa. 

Dear Sir: I know nothing about the enclosed nor have I anything to do 
with it. One of the school directors here said you ought to know enough to 
drav/ on the Humboldt County Treasurer for it if it was due from the district. 
If not due from the district present this to J. C. Hume, 2007 Grand Ave., 
Des Moines. Yours truly, 

(Signed) J. W. HATTON. 



SCHOOL LAWS OF IOWA 137 

Following the receipt of the letter from Mr. Hatton considerable correspond- 
ence passed between Mr. Clinite, Secretary, and Mr. J. C. Hume. Mr. Hume 
was notified that the tuition claimed had not been adjusted, and that the 
tuition must be paid or attendance of plaintiff discontinued. It appears that 
Mr. Hume explained in his letters addressed to the school board concern- 
ing a relationship and responsibility which he claimed had been established 
between himself and plaintiff. At a meeting of the board of directors of 
the Independent School District of Des Moines, held on the fifteenth day 
of March, 1914, the secretary was instructed by a unanimous vote of the board 
to "insist that the tuition for Thos. Hatton be paid either by his district or 
some one else." 

On March 17, 1914, Mr. Hume sent his check for seven months' tuition in 
full, amounting to $50.75, enclosing with same a letter addressed to the Inde- 
pendent District of Des Moines protesting its payment and claiming "that the 
exaction of this money by you is illegal." 

Appeal was taken to the county superintendent. The decision of the county 
superintendent briefly states that, "It is hereby determined that Thomas D. 
Hatton is not a bona fide resident of the city of Des Moines, Polk county, 
Iowa, and that therefore, the decision of the board of directors of the Inde- 
pendent School District of the City of Des Moines in demanding payment of 
tuition on behalf of said Thomas D. Hatton for tuition in the West Des Moines 
High School is affirmed." 

Section 2773 of the statute provides that "Every school shall be free of 
tuition to all actual residents between the ages of five and twenty-one years." 
The question to be determined is, had Thomas D. Hatton acquired an actual 
residence within the meaning of this section in the Independent District of 
Des Moines when he entered West Des Moines High School as a pupil in the 
twelfth grade? Was he a bona fide resident of Des Moines and entitled to 
free public school privileges in said high school as contended by Mr. Hume? 

Several matters are clearly set forth in an opinion by Hon. John F. Riggs, 
Superintendent of Public Instruction in the case of R. L. Todd v. The Inde- 
pendent District of Ida Grove, from which the following extended citation is 
taken : 

"The legal residence or domicile of minors has been clearly defined but not 
the actual residence. In the case of Jenkins v. Clark, 71 Iowa, 552, the Supreme 
Court holds that the domicile of the child is to be determined by the domicile 
of the parent, and that even after the death of both parents the domicile of 
the child remains where the parents last held legal residence even though the 
child be now living in another state. It is reasonable to conclude that in such 
a contingency the actual residence and the legal residence of the child might 
be totally different. 

"It has been the uniform ruling of this department that it is only where the 
actual residence of the child is clearly established that free public school 
privileges may be obtained. It follows that a child residing in one district, 
but visiting or temporarily sojourning in another district is not an actual 
resident of such district within the meaning of the statute. Likewise a child 
sent to a district other than that of the residence of the parent or guardian 
for the purpose of attending school is not an actual resident of such district 
within the meaning of the statute. But where the residence of the child in 
the district is in no sense temporary, where as in the case under review, it 



138 SCHOOL LAWS OF IOWA 

has extended through a number of years, and parental control over the child 
has been relinquished, and where it is further shown that the child's residence 
in the district is determined by other considerations than the securing of 
school privileges, and there is no intent that the child is to return subse- 
quently to the parental home, we are of the opinion that within the meaning 
of the statute the child becomes an actual resident and is entitled to the same 
school privileges as are enjoyed by other children of the district." 

From decisions of the courts, we conclude that the legal residence of a 
minor is the same as that of liis parents, unless the parents by proper legal 
process relinquish their rights to the control of said minor. There appears 
to have been no action taken by Mr. and Mrs. Hatton to emancipate their son, 
Thomas. Neither have Mr. and Mrs. Hume adopted Thomas nor have they 
been appointed as his guardians. Had either of the above steps been taken, 
it would have been an easy matter to determine the actual residence of 
Thomas D. Hatton. 

Now, what was the purpose of Thomas in coming to Des Moines to live 
with Mr. and Mrs. Hume? He just came to live with them in order that he 
might secure the benefit of a better education than his parents could afford 
to give him. That seems to have been the motive in view. He came to secure 
the advantages of the high school in West Des Moines for a year or until he 
would graduate from the high school. Then the expectation was that he would 
take a college course in one of the institutions located in Des Moines. The 
arrangements as to the length of time he might remain in Des Moines seem 
to have been very indefinite. He testified that he had no intention of returning 
to the home of his parents, but that he might not remain in Des Moines long 
if he did not like it. He might go to Omaha to live with a relative and attend 
school there. It was agreed that Mr. and Mrs. Hume might terminate the 
arrangements at any time they saw fit. If it is possible for a child to acquire 
an actual residence or a bona fide residence under such circumstances, then 
it would be very easy for any child to come to Des Moines and live with a 
relative and avoid the payment of tuition. A district might in this manner 
be compelled to carry the burden of educating the children of families living 
in other districts. Wliile the matter of determining the actual residence of 
a person of school age, each case must be decided upon its own merits, yet a 
decision in an individual case might be far reaching in establishing a precedent. 

It is not an easy matter to establish or determine the actual residence of a 
minor different from that of his natural parents or guardian. Particularly is 
this true when the intent to change actual residence occurs just prior to the 
opening of school and it is known that the change is made for the purpose of 
obtaining better public school advantages. The power to determine the actual 
residence of a minor claiming school privileges is vested in the school board. 
The school board is charged with looking after the interests of the school dis- 
trict and only on positive evidence of actual residence should a district be held 
responsible for the education of children. It is true that the interests of the 
state are that public school privileges be made as free and easy for children 
as possible. This privilege is guaranteed in every district in Iowa. If the 
home district of a child does not offer an approved four-year high school 
course, then the home district must pay the tuition of said child in another 
district maintaining an approved high school for the number of years that the 
home district fails to conduct an approved high school. (Section 2733-la, Sup- 



SCHOOL LAWS OF IOWA 139 

plemental Supplement of the Code, 1915.) It would be very easy for parents 
to send their children to Des Moines to live with relatives for a period long 
enough to secure the advantages of one to four years of high school, claiming 
the intent of making it their home. We think there would be no doubt in case 
the child had been away from home for some time making his own way, in 
other words, away from home for other purposes as well as those of attend- 
ing school. 

The determining fact in this case in our opinion is that Thomas D. Hatton 
came to Des Moines for the purpose of attending school. We find no evidence 
of any other intention. The fact that Mr. Hume is a tax-payer in Des Moines 
is irrelevant. Were Mr. Hume a non-resident who paid taxes in the Des Moines 
district, and desired to send his children to the Des Moines public schools, he 
would be entitled to have the amount of his school taxes deducted from the 
amount of tuition required to be paid. Section 2804. 

We are not satisfied from the evidence submitted in this case that Thomas 
D. Hatton has established his claim to actual residence in the Independent 
School District of Des Moines. 

The decision of the county superintendent is therefore Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, October 12, 1915. 



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